National Republican., 1880-02-28
THE HIRTH MURDER TRIAL
Arguments Made by the Counsel
for Defense.
Messrs. Smith, Wells and Miller Dissect the
Evldence-Mr. Wells Thinks HIrth Was
struck from Behind - Points
Raised In Behalf of tile Pris-
oners-Tho Mute witness
Trial Notes, sc.
Seventeenth nay of the Trial.

the attendance keeps up, and the large
crowd yesterday was sufficient to warrant the
belief that It will not fall OF until the trial
ends. The prisoners were about the first to
enter the court room, entering between 9 and
$3.50 o'clock. The counsel came In at the meet.
Ing hour, and the session opened at the regular
time.
Mr. G. Maurice Smith took up the argu.
mcnt for the defense. and addressed the jury
specially in behalf Of Pinn. His argument
was an able one, showing that he bad given
the case close and long study. He passed
lightly over tho evidence presented in behalf
of his client, leaving its fuller portrayal to
his associate, Mr.. Miller and confined him.
self chiefly to handling tho testimony for the
prosecution. He took mp the witncssos ono
by one, reviewed their evidence, and demon
strated how easy IL was TO place far different
construction upon 1t than the Government
did, and he reached almost directly opposite
conclusions
He was particularly severe In commenting
upon the testimony of Ben johnson and
Tobe Brown, aud insisted that the defense
had shown, by proof, sufficient groundwork
upon which to base the fact that these two
men were the real participants in the crime,
and not the defendants. He referred to the
contradiction Of Brown by Craig aud the dis.
cropancies in Johnson's evidence, and class-
fed these two men as the champion liars Of
the day.
Mr.. Smith acquitted himself with credit,
and Pinn was fortunate in having his defense
fall into the hands of that gentleman and Mr..
Miller.
AFTER THE RECESS
the argument was resumed, Mr.. H. II. Wells,
jr., addressing The jury in behalf Of Bedford
and Quccnan He said that while the death
Of Mr.. Hirth might be great loss aud injury
to society, there might be greater injury
still, and that was the convictiug Of innocent
men of the homicide; therefore, they asked OF
the jury their careful consideration of tho
case, and that they do not convict the prison.
ers ut the bar unless, beyond the possibility Of
a doubt, they were guilty. They did not
apologize for the brutal murder, but they did
| think that the Government was mistaken as
| to the manner In which il was done, and he,
speaking for his clients said that they did not
do it. He then proceeded to describe the stu.
alton In which the body of Mr.. Hirth was
| found and nature of the wounds. Their the
ory was that Mr.. Hirth was never approached
from behind, but the first blow that he re.
ceived was from the front on the left temple,
which knocked him backward, and the head
coming in contact with the curhstonc, crushed
the skull. If he had been struck from behind
he would have fallen forward and not back
ward. He was walking west, and when the
body was found tho head lay toward
the east, face upward, showing that
the blow could not have come from behind.
He then passed on to the testimony IN the
case, and after carefully reviewing the whole
Of it, he maintained that there was not any
evidence against his clients, excepting that of
Ben johnson and Tobe Brown, whose testi-
mony he characterized as unworthy Of be-
! lief-Johnson, because he was sclf-admitted
accompicc in the crime and Brown because
he had been so strongly contradicted, espe-
cialy by Craig, who denied being in the
mans company at any time on the evening
! in question. Further, that his clients had
accounted for themselves and their where
abouts during the entire time this deed was
committed. Their alibis had been made out
to his satisfaction, and he had yet to hear
the first reasonable contradiction of it by the
Government Of rebuttal. He closed about
315 p. m.
Mr. Thomas F. Miller followed with closing
argument for Pinn. Ho proposed to confue
himself to the legal question, whether or not
the three men on tnal were guilty of the
crime charged in the indictment. The law
had two OH cts in view in the punishment Of
criminals: One that they shall be put in n
| place of safety to protect the community, and
| by their example deter others from following
in their footsteps. The community, the cry
| for jus ice the prCjudices and demands for the
! conviction of these men, had nothing to do
with the case. There had been n great press.
ure of public opinion to expedite this hear
! ing. Other cases long antccedent to this were
passed and permitted TO wait until this ono
was disposed Of But with all this haste and
clamOr they could not rush beyond the law,
nor the protection it held out to all persons.
These men must be tried as others, and per-
nitted to enjoy the same rights and privileges
| guaranteed to everybody under the law.
In reviewing the testimony he pointed out
the fact that the first evidences of the crime
did not come from the haunts and associates
of Bedford, Pinu and Queenan, but the home
and companions of Ben johnson. He called
attention TO the fact that the detectives aud
officers knew the fact that johnson WIS o
party to the crime, and to bear out their
theory of ii, which johnson promptly acted
upon, he brings in the parties on trial as his
associates in the act. The District Attorney
told them thar johnson had not been granted
or promised immunityi then Johnson knew
that if ho did not go on the stand and by his
statements convict these three men, that he
would be tried for the murder Surely the
inducement was powerful enough for johnson
to do his utmost to have these parties con.
YiCted.
Counsel then proceeded to comment upon
the testimony, dwelling especially on the
testimony of johnson. He pointed out con.
dicting statements in tho evideuco-mauy
points that had not been corroborated aud
several that had been fatty onradcted
AT this point, o'clock, the court adjourned
until this morning.
THE CoLORED MUTEs EVIDENCE.
Much comment pro aud con having been