National Republican., 1880-02-27
THE HIRTH MURDER TRIAL
Judge Hagner Rejects all Prayers
of Counsel.
He Instructs the Jury According TO His own
View OF the Law-Was johnson an Ac-
complicc of the Murderers ?-The
witnesses for tho Defense
Arguments by Messrs.
Perry and Hayward.
Tho Lnwxers Take the Cnse.

The audience In attendance at the Criminal
court room was somewhat reduced in numbers
yesterday, which was attribu ed to the fact
that tho testimony was finished, and nothing
remained but the arguments of the counsel
aud charge of the Judge before the case would
pass to the jury.
The prisoners were brought from tho Jail
about $3.50 o'clock, and tho counsel were carly
in arriving. His Honor, Justice Hagnor camo
upon the bench promptly at 10 o'clock, and
the trial Immediately proceeded.
The Court received the propositions of the
counsel on both sides, and then decided to re-
ject them all and instruct the jury in accord
anco with his view of tho law bearing upon
tho case. He spoke of the different grades of
murder under the law. Under the indictment
all Of the prisoners might be found guilty IL
they were present and assisted in the crime,
or if they stood by aud acquiesced in 1t. He
defined the meaning of the term REASONABLY g
doubt, aud said that 10 was not n vague, Wis
ionary doubt but an honest one, growing out
of the studying aud examination Of the testi-
mony. As to tho presumption of good char
actcr, the prisoners are entitled to that privi-
lego unless from the evidence it was found
that they were not entitled to it,
In regard to the uccomplicc, he said that
whether Johnson was an accomplice in the
crime orau innocent witness was for the jury
to decide from the evidence. Ii Johnson WAS
present at the murder, but took no part in 1t,
and was not aiding and abetting in the muir
der then he was not an accomplicc, but an in-
noCent witness, whose testimony was as
worthy of belief as that of any other. If, on
the other hand, the jury believed that he was
an Rccomplice, then there was no rule of law
that did not allow the acceptance of the muir
der but the Court advised the jury that If
they believed that johnson was an accom-
plce in the crime then they should believe
his testimony only so far as it was corrobo-
rated.
The defense noted an exception to each OF
! the prayers ovcrruled.
| Mr.. Wells called the attention Of tho court
to the condition of some of the witnesses for
| the defense. Two of them had lost their situ-
atlOus by being compelled to he In attendance
upon the court, while two others had been
| forced to employ and pay persons to fill thcil
places while they were at the court. The de-
fense had no means of paying these and asked
| tho Court to make an order directing the
marshal TO have them paid
His Honor replied that at tho opening of the
trial and since he had told Mr.. Hayward that
II he would furnish list of the witnesses and
state what facts he expected to prove by then
| they should be summoned by and paid by thu
Government. He did not do so, and the Cour
WAS now unable TO see how il could grant th,
application
Mr.. Perry then, at 1135 o'clock, began th
opening argument for the Government. IL
reviewed the testimony, selecting the mos
salient points indicating the guilt of the par
ties accused, and maintained that the prosecu
tion hud made out a clear case and asked TO
their conviction. He was followed by MI
Hayward for the defendants, Queenan ant
Bedford