Daily Republican., 1879-11-24
IN. yss.-u,Ars ~, ....,. =
GUS COUNTY UOURT.

charged - The Brown Batson
Murdes Case.
Specially ReDorted Tor the Republican.
New CASTLE, Nov. 22.W
Court met this morning at o O'Clock,
Chief Justice Comegys and Associates
Houston, Woottsn and Wales on the
bench.
The jury in the case Of the State ~.
Sewsll Starkey. fer burglary with in
tent to commit larceny, having sent
word TO the Court that they were IN
able to agree, were brought into Court
and discharged from the further con-
sideratisn Of the case. and informed that
they need not report again until ii
o'clock. The jury had been out since
ll.3O O'Clock A. NJ, on Friday, and is
said to have been equally divided,
standing six for conviction and six for
acquittal.
Mr.. Bird opened for the defence In
the case Of State VS.. William Brown for
the murder of Samuel d. Bstson, and
from $50 to 1885 o'clock he was en-
gagged in citing and reading decisions
from law reports bearing upon the case
and upon which he asked the Court 10
charge the jury. The references were
generally to show that . child
between the ages Of seven and
fourteen, must have q perfect knowl-
edge Of right and wrong before 1t could
DO convicted Of any crime, which he
| aranaA haA t.a 81, IL, IN avt
dience on the part Of the State In the
case OF the prisoner at the bar. Mr..
Bird asked the court TO charge that
Brown, il he believed that he was In
danger Of being hurt by Batson, was
not guilty of the crime with which he
is charged, and that he must not be
Judged with the same rigor as that the
jury would judge person OF more ma
ture years, and that If he had not =
gAilty knowledge Of what he WAS doing
was wrong, he must be aquitted.
Mr.. Bird then addressed the jury
saying that lie had no doubt that they
all with him regretted that any body
should be placed upon trial for crime,
but If for the first time You entered this
door Of the court room and saw a boy
confined in the prisoners dock, sur
rounded with tip-staves and large
crowd around, denoting that the boy Is
on trial for his life, you would be sur
prised. And If you might forget In
tims that you Were ever jurors in this
case, William Brown will never forget
that in his boyhooi days he sat within
this court room on trial TOR his life. All!
that boy will never forget this. Sad as
this scene in it must be enacted.
Nothing but duty compsls me to stand
before you in defence Of this boy. No
emolImen.s await me for pleading his
cause, but II shall succeed in the
succrssful defence of this poor boy who
has no father TO defend him, or moth
or to bathe his brow with tears, ] shall
feel amply rewarded for what ! have
done. Mr.. Bird referred eloquently TO
the picture in the gallery Of st. Marks,
showing the love between mother and
child and pathetically applied it to the
case now before the court, and then wen!
on to review the evidence in the case.
The Attorney General said he would
show that this boy was shrewd sharp
boy in an extraordinary sense, but
the testamony OF Mr.. Gallagher showed
that he was nothing more than a
very ordinary boy. Go with ms
through this case and weigh well the
evidence, and If the case is not made
out we ask for verdict Of not guilty.
The Attorney General he said had the
power to summons all the people in
the State and could have indicted this
hoy foe murder but why did they not
do ii? 1t was only until they had
heard tn. evidence Of Mary Brown,
Johns and Trusty that the state cor
cluded to press ter u verdict of man
slaughter. Do you believe hira guilty!
| know YOU do not, /. would bs sin
agaluit humanity to convict him. You
canpat DO it. MIR. Bird then proceeded
TO critical analysis OF the testimony
o. Smm0ns, who had ran up frcA
Where hs vas lying upon TIE grass sol
between the house and rig.Prn, aud or.
rived just Ia time to catch the bgt ~ /:
was falling upon BatsJn's arm. Little
| Harry BaCkus another witness for tie
state, said that Brown waS recedins
with the bat III band aud waving II up
and down and Batson was advancing
upon hun. Backu' said La heard sone
blows and so did Simmons, but ONLY
one blow wa5 seen strncH, whore dtl
the other blows 90! There waO
Innl = one mark 10 show that blOw l&d
been struck. There vas only one
mark. Geutl,men you cannot hit .
nulubet Of tilGes in on pl1ce. II can't
b. done, and have 10 objection gen
tIeman for you to t@ke this bat and try
it, olly DON'T try i. On sowebudy elss's
head. Al the evidence sao@s that
Lange was bat ore blow stTuck and TIA:
was the 0ce that injured Bat2OH. Gen.
tlrmau there Was Dut one blow struck
and this alone must diAcrlaiE the tsst.-
uOny Of Simmons, DacEua, and I'll
Io.hels who testified that q number Of
bMVB wereHt,uck. Mr.. B. then referred
to the testimony Of Mrs. Gustus, which
could not be- relied upon, because she
testified th.. She saw that boy in 1867
and that he was then five years old
II this BE- true, that boV is now nine.
teen years old. Here B.0Rn stood W
1T the request Of Mr.. Bird 10 show tls:
the testimony OF Mrs. Gustus could not
! be true.