The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1880-01-29
The WITrICK MURDER TRIAL 4!
Continuation of Mr.. 0'Mara's
Plea
Hon. w. w. O'Brien Makes
an Excellent Speech for
the Defence!
Mr.. Jackson, Closes the Case for the
State in a Powerful Speech.
General Opinion that the Jury VIII
Not Agree.
VIVA DAY-C0NCLUDINCi
DAY-CoNCLUDING
SCENE,
Nj. OMara. continuing his speech for
AZ eaid

the subject OF self defence with Mr. Jackson, and
have to guess at What MI Jackson Will say on
at these three young men, and does not argue self
| defence These honest young men started out on
| q spree, and were unfortunate in killing q man.
but he would have you believe them devils going
around; but he has failed. HIS cry they were
three very DEVILS going about in the sunlight to do
| murder, but take 1t the prosecution should try
| the case fairly and equarely on the evidence. He
does not show them individually but says they did
it. When they started for the saloon was there
lronspiracy to lick Hodgemsn; or at Schatzs was
moment; they had no revenge to crafty. and
l don't believe he believes it, bnt he would drive
has been defined to you. but if or you protect our
selves from those who want to do injury that
is not murder but selF-defence, and you are sworn
TO consider this and believe that you have right
l to protect yourselves. Let us begin and see how
this matter was. There had been a party the night
before. they had been drinking and felt the effects
4 Of liquor, Ganey and Grogan worked as partners
| and feeling sick went TO brace up. And if you
gentlemen, any Of you have felt the effects
Of liquor. you know this is the most natural thing
to do They started out therefore with this inten-
1 ton and met Hodgeman in Kale's saloon; and
| can't see what he has to do with it, or why he
should be brought in, this man with his sneaking
countenance who made bet about his
liz This man in the alteration called
| Ganey a God damned liar and Ganey struck him.
| I ask you what you would have done under those
circumstances, would you not have done Ganey
did. Yes, and honor you for 1t, or any other man
| an expression to another should be struck DOWN.
But this fuss has nothing to do with Wittick, and
A
I with this case. Then they went to Nicholson
loon, where they met McCormac, then started
home. There has been great deal said about the
| way they they went, but they had right to go
which wav they pleased and so they took their own
They have been severely cross examined as to why
they went west, their reason ie plain, they wanted
they have been drinking-and as there was ga
saloon in that direction they went. Al saloon
they were refused drink because they had had ma
Cormac had not been drinking-and SO they went
to Schatz saloon. Counsel for the prosecution said
they had no right there. They had right and
| went because they could get trusted. Grogan was
known at Schatz. and having no money expected
TO get trusted. Where is the malice and the law
lessness, in this as the prosecution would make
out? You know the road, one of the most public
streets leading into the city, farmers and teams
braced up, going along enjoying themselves IN
lSchatz' saloon was dastardy, hut tai should not
justify man In assaq4ting you with deadly
weapon. Notice what followed. Nittick
came ont in his sober senses, in his
sober senses mind you-he had not been drink
ting-and 0uarreled With them called them damned
IrIah loafers, and when McC Ormac offered to un-
| hoTs had been Dining 19oaId not listen TO him
or take his advice, though hs acted in the capacity
| Of peace maker: but no, he talkeG about being
citizen, and would go when he pleased. II Wittick
had wanted TO avoid quarrel, he could have done
so. Probably he felt outraged, and thought he
could take care Of himself and SO continued To
L quarrel Eheu he could have done otherwise. He
again approached Ganey, c2lled the names he
made use of before and put his hand to his pocket
| as any man would, who thought another man
about to draw weapon, Knocked hiH. down, bnt did
had not done anything TO Wittick and they all
| went away to avoid further trouble. Had they
1 wanted to murder him, they could hGVe done so at
the porch as there was no one there, bat no. they
L went away; they had no idea OF hurting him. and
went SHAy 10 afo!u luFIaeI IroADle. anu why Glo
they not so into the LeXt saloon II thsy wanted
drink has been asked: They did what Nd tur-
Ganey's house Die they start down to waylas
this man: No, they started to go home, and then
there was al assault made upon them with q revol
yer. What would you do: You would do as
GrogGn did when the revolver was pointed ~ him,
and snapped. He PIT his arms up when il was
snapped at him; and it was not denied that it
snapped; and thinking the others Iwere in danger
of being shot, picked up stone and threw it.
| 1t has been asked why he did not rEQ He
appalled, at the moment and did what he thought
best at the time Ny 'theory is that Mr. Wittick
started with the revolver to get seven with the
nan who struck him, and coming up to Grogan,
saw that he was not the man, and passed onto the
Others pointing the pistol first on one side then
on the other. He intended to get satisfaction out
lis why he passed Grogan. He looks for the
man VINO struck him at the saloon. and turns
his revolver on him. Why did he follow them
at all? He might have waited Did he act reas-
enable? In he jumps in his wagon, and is
among them with cooked revolver. What is a
a dog in his track or do as GrOgan did? 1t was
the only honorable way. there was no other
Except to be shot like dog,
| One thing you must have noticed. The differ
ent versions given by the witnesses. Some may
have been mistaken, and some may have lied
4
for the prosecution; whom believe 70 be too
honorable to do such thing. But there are
been mistaken in wnat he says about the dis
2tance and position OF Mr.. Wittick or the other
ened through window, The whole affair took
place hurriedlysand may have appeared different
doubt about the revolver being out. Conrad
Ward says he saw the men picking up stones
but cOHrDbOnates Ganey and the others about
the revolver and says one threw a stone Mrs.
4 SchatZ, is cOntradicted about the sides of the
road TO which they went. and she said McCor-
mac threw the stone As positive, but the time
was short and this witness might be honestly
| mistaken she was looking through the window
ana honest witnesses, are sometimes mistaken
Ii you believe these boys did not go deliberately
] TO injure this man, there must be a reason and
| a revolver 1t was the work of a moment and
1 here the whole matter lies. If they went with
the intention or lnJur1ng him, they ought to be
punished. but If they were going Rome and he
| came among them as stated. it was self defence
and sthey were perfectly justified Mr. O'Mara
/ here read the section on iustifiable homecide1
| Mr. Parmenter did not call your attention to
| this The question for YOU to decida is when
| did they begin to pick up stones.
Take McCormsc's eVidence-And here let me ask
/ maker, and went with the intention and purpose
| oftaking GaneY home. hat had he done that he
/ should he hungs He had not lbeen drinkiug~The
others swear that McCormac called out thar the
man was coming np,wa close upon them.at the time
with the revolver pOinted-when the fatal blow
was given.
Now let come to johnson. a witness who
would swear anything He had no interest in this
against them. Relatives of the deceased might
feel bitterness, but this with no interest saw
everything say he lied-sitring on that chair he
pelured himself and he blistering himself with
story talse to hel-he manufactured the story-I
say manufactured 1t, though there WAS q small |
element OF truth in it, but he lied said there was
only two men. he near enough, saw
everything though the man with him did not, |
where was his oversight? Yet this man saw eyery-
thing like J0shualhe was willing to 2erjnre himself
for whaty 10 be the chief witness In the great
oriety. This man ewears there were two men, only
two men, only two, present-Which? Does he |
indemnity one Of them? Mol He said there was |
no revolver Do you believe him? He lied and the
law concerning witness testfy wing partially false
Is that his testimony must be entirely rejected |
and the court Will SO instruct. say he is liar
In all things y.
The way understand the law OF self-defence Is |
Read three selections self critics
asked and obtained by Mr.. Jackson.l If O man |
can retreat he ought to do so, but if attacked and
ne has no time oropportunty to retreat and honest
y believes his life in danger the law iustifes him
In defending himself even to taking life; or where
you honestly believe your life in dams ger. though il
may afterwards turn out otherwise the law iusties
you nsthe belief ia honest And L sav whef her /
this man Wittlek intended to kill these men,
or not did they have q reasonable belief that he
did, up to the time that the fatal blow was struck
and SO act in sendefense, You must consider this
when you retire, and had they honest belief
Tut yourselves in their position and into their
state OF mind as far as IL Is possible do So theE
you Will be able to consider reasonable men,
their position Do not let pre-disposition passio
and so come to a conclusion. A man In The posi-
ton stated must be quick. hopI