The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1878-05-10
Messs's ETsssv DEFENSE.

.ohes-thinking. sensible men 81 Lincoln and sdiOn-
ing counties. In snswer 10 the unprovoted, mali
ciogs personal sttsrh made on me by the Editor {
the IsrEnIon JOURNAL. He denounced me in the
folloving elegant style; "Disgraccd, meritlng the
supreme contempt Of the whole Of the Law abiding
citizens Of Lincoln county; As the man sho disre-
xsrded his oath. disressried the testimony, disrr
s.rded hi. duty the county, TO confer favor on
. friend and connection; Who went on the jury Tor
the purpose Of hanging II; offered to bet HolD,s.
would he granted hail; acted w he did TO pay .
debt u Eraiiruds; IL siernally dlsgrsoed In the
sight Of all honest men, and shoulj ever hereafter
hang HE head In shame when In their presence"
u would he dincut TO condense In the same
space greater number of sisehoo-is, OF more ms
iicious SANDER. Let me specify aie~-
i.i. "To confer favor on 9 ffiend.' Malicious
" aise Never ssv Holmes In my lie prior 10 the
trial Would not have known him II had met
him on the public highway. "a. "ws a connec-
tlon" ReckieSsly false. Not the most distant con-
necilon. srd. "went on the Jury for the purpose
Of hanging H." CcsFsely false. Amer heing ae-
oepted as competent juror In the csse, vent TO
Judge O~slsy and Judge Denny and urscd them 10
excuse me on the score Of being very un~ell. 9Th.
event On to pay debt Of gratitude" Fslse. New
er vas scqaainted With hut one Of the family, and
have not seen him on an average Of once year in
the last ten years. 9Th. "Onered to he, Holmes
would he allowed tail" False. Urged a compro-
mise verdict on the grounds OF his giving hail
Nov propose TO give q true statement OF hos
the Jury did stand. The Art ballot, for murder
and ior granddaughter. Amer considerable dis
custom during the evening aud neat morning, ve
anslly stood u ios ten yesp and l for Eve Re-
nd a. Aur fn q AaW A lsH m los
before We len the room one Of the eleven made a
proposition to come TO eight years In order TO GET
verdict. This fred the extreme man, aud to give
you some idea cfthe spirit OF compromise he pos
.sed he said he ".ouid stay there until hell burn
cd coal ten heet deep before he you'd come any
under ten" Seeing I vas determined not 70
| 20 TO ten, the eleven vent back to murder. The
last enort that IVES made 10 ge, verdict was ny J.
,. Mckinney saying 10 me. "iielm, Will try and
set them to come TO ten years IL you Will come up
I then, In that spirit Of compromise which all ju-
rou should possess, told him I would g. 10 SIX
years rather than hang the Jury.
Just here wish TO say one word As 10 Walton :
consistency. He stated and defy him TO deny
it-thst Ave years woul d satisfy him. l go one
year In advance Of him, snd yet he deno1noes me
as "di-srsced In the sight Of all honest men, ac'
II am disgrsoed, pray where does this de'amef
stsnd1 The sllasion TO my domestic troubles is
positively too soul-less too eA-e' too how down To
deserve passing notice at my hands No. gentle
man, the only misgising had a. TO the eonscien-
iious discharge OF my Whole duty In the case bad
my cath permitted any .ss my almost unoonnded
admiration Tor Col Napier heartily endorsed
all the eloquent eneomiun's 'hs' we're pfoooun'e'
on him. iof vas not asleep one-'hird Of the time
o vas the hero Of the murder men almost idol
izsd Col. Napier. aud endorse the sentiment -
beautifully and 'rn,hiaiiy uttered, That ne vas Z
msa-svsry inch Of him a man" having had
brother under him Tour years, being particular
friend Of my hther' agreeing with him politically
ard fully approaching bis every manly trait. But
Il was impossibis ior me, as an honest man 10 nnd
Hol mes guilty OF murdsr,with Dasidson's aud Car
sons testimony and the Instructions Of the courl
h<tore me. The seventh Instruction reads - iol
lows: "Ifthsj jury believe from the evidence thai
81 The time deieadant shot and killed decreased he
the deeessed. alone or with others, ". trying Il
arrest the ds1snaant for the commission OF mlsds
mesnor In the town Of stanford, when ths misde'
msAnor vas not committed In the presence Of thu
decreased, or those with him. and when deceases
had No vursnt for his arrest and when the aiienp
ct szid arrest wAs not made In the presence OF b.
The order OF the Magistrate given At the time tn
misdemss amor vas committed. aud II they mrthe
believe from oil the facts and circumstances prose'
that the time Of aid shooting and killing, aud
was the power Of defendant 70 prevent said arrest
the lac excuses him for the killing, and the jnr,
must SCOUT hial. provided they believe be used n
means TO prevent his arrest which was not neeessa
~ for the purpose"