The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-25
THE ST. CLAIR TRIAL.
Opening Argument of Counsel for the
State.

Yesterday afternoon the argument
in the case of the State VS.. Robert st.
Clair, on trial for the killing of Patrick
Tully, commenced. The defendant, ac-
companied by his wife, took seats at the
railing which separates the officers of
the court and the jury from the out
siders. Quite number of spectators,
among them several ladies, were present.
The Clerk called the names of the
jurors, which were tailed by the Sheriff
and reported all present.
j. Il MACMILLAN,
Acting District Attorney, opened the
argument by reading from the statutes
the definition of the crime of murder
and the penalty prescribed for the
offense. He then addressed the jury,
saying, that counsel had fought the bat
tie, and they were to decide who were
to be declared the victors. He paid a
high compliment to his associate in the
case, Judge Berry, and to the ability
of his adversaries whose brows were
wreathed with laurels won in hard
fought battles. He said the defendant
is either branded like Cain or as inno-
cent as a babe. He admonished the
Jury to consider and weigh the evidence
carefully, and divest themselves of any
bias or prejudices they may have enter
tanned before they were impaneled. He
then proceeded to review the testimony
in the case, relating how Thomas Camp
bell, standing on a wagon eight feet
above the ground saw the defendant
commit the murderous deed at TuIly's
bridge, and how his testimony was
corrobora ted by Theodore Well, who
was on the wagon with him at the time
How Michael Tully, son of the VICTIM.
when returning from town saw defend
ant, near the door, which was unlocked
when, the supposition is, he went to
get Tullys pistol, which he afterwards
placed III the dead man hand. Counsel
graphically and impressively represent
ed the assassin crouching like a tiger
and stealthily crawling up on his vic
tim, an old man, who was resting
on his own bridge, near his own house,
after a hard days work in the broiling
sun, and, as was shown by the testimony
of Or. Hanson, sending bullet through
his heart. Then, ignorant of the fact
that the first shot caused instant death,
sending another bullet through his brain
and another through his shoulder. He
then referred to the testimony of Moore
and Asher, which showed that. the
brush which defendant pointed out to
them rs the place where Tully lay in
wait for him, was so far from the bridge
that it was impossible for him to get
there after he was shot, as stated by
defendant. He compared the testimony
of defendant and Dir. Hanson, and
argued that the Doctors testimony
proved conclusively that the first shot
killed Tully instantaneously. Counsel
spoke for an hour and half and went
over the whole testimony. Then
$. S. GRASS,
OF counsel for defense, arose and asked
the Court to adjourn until this morn
ing. to give him time to get the report
er's notes transcribed.
The Court remarked that it would
take month to transcribe the tesla
mony.
Mr. Grass urged his request on the
ground that the published report of the
evidence was erroneous. This assertion
was gratuitous on the part OF counsel,
as he well knew, that the jury was net
permitted to see the published report,
which was not printed for the convent
ence of the Court, the counsel or the
Jury, but for the public, and that
though the report was as correct as full
and as impartial as it could be made
under the circumstances, the reporter
was not one of the privileged class, "
and could not talk back in Court; hence
this growl at the Counselor.
Mr.. Grass proceeded to quote authori-
ties on medical Jurisprudence to weaken
the testimony of Dr. Hanson, as an ex-
nnrt ,hinh IL fatal To tha thnnrN of the