Daily Republican., 1880-05-27

IOuc Wltuesb tolls you budt ue uedTu u
splinter Of glass. and saw a black fo
> stack ont Of the window. How coul
Q he see that foot on dark night, an
; why, If 1t was stuck through the glas
I. was 1t not cuti
The Court at l.30 adjourned for dir
ner.
AFTERNOON SESSION.
Mr.. Higgins resumed his argument
Il The testimoney Of Baker, the school
master, in regard to the hat and over
alls, was that the prisoner said Waite
: May wore the same kind. Now VIII.
did not the State, who brought thi
Walter May into this case, follow thi
} clue and either prove its truth or falsi
ty. Squire Deakyne tells you that th'
prisoner did not seem to know Of wha
crime he was accused.
Baker says that when he said "Gos
ser will attend to you," Neal sale
"Thore is Gosser; would not have
done this to him for my years wages
Thus the State would like to show you
that man, so brutal as to do this
crime, would be 80 fine in his logic q;
to carry the Offense beyond the wife tt
the husband.
| Upon the identification of Neal may
bs considered that of the person and Of
the clothes. She identifies him posi-.
lively, but you must consider this along
With the character of the rest of her
testimony. Her identification of the
clothing was given after she had seen
Neal at the Office of Squire Dsakyne.
She testifes to the shirt, but it is shown
that she saw the shirt in the Attorney
Generals office, and you have no wit
ness to connect the prisoner with that
shirt.
In conclusion, have only to say
that think you should rid your minds
Of the idea that the guilt of the priso-
ner to be established by Identification by
the prosecuting witness. 1t might be
the fact that she saw the man and yet
not prove that the act was committed
by him or any one else, You must also
see whether, in his conduct before and
after the arrest, there we're those ev-
licences of guilt that the State would
have you believe. | leave these ques-
tions with you. Your responsibility is
heavier than mine. / have endeavor-
ed with fairness and fearlessness to dis
cuss the testimony, and so hold it up
that you may know whether it has any
inherent elements of proof in it. |
leave the facts and the mans fate with
you.
1t had been intended that States At
torney Gray should close the argument
for the State, but that gentleman hav-
ing been summoned suddenly to the
bedside Of his wits who was in q dying
condition it fell to Mr.. Cooper to make
the closindg argument.
Mr.. Cooper carefully renewed the
points made by Mr.. Higgins answering
them with considerable ability. In ap-
pealing to the jury he said that in the
face Of evidence presented there could
be no reasonable doubt of the guilt of
the prisoner at the bar, and he appeal.
ed to them in view of the enormity of
that the crime and their wives, mothers
sisters might be protected from such
british assaults, to bring in verdict of
guilty.
Judge Wales charged the jury. After
defining the case he said: 1.-The woman
injured was always competent to testi-
fy, but her oredibility was q question
for the jury. You have heard the tes-
timony and it is not necessary to review
it in detail. Mrs. Gosser's testimony
is direct, positive and conclusive, if not
Her character has not
been impeached, and it is for you to
say whether her truthfulness has been
impaired. Complaint was made with
out delay to Mrs. Warner. The situa.
ton of the crime and state of the
weather makes it improbable that any
one could have heard her cries if she
had made any. You must not only be
convinced that Mrs. Gosser was out
ragged but that Neal was the perpetIa-
tor. The questions as to the sufferings
Of Mrs. Gosser and the identity Of the
man ID for you to pass upon. II you
ioubt her credibility in any important
you must give the pris-
)ner the benefit Of such doubt. His sta
lion is such that you should all the
more carefully scrutinizs the evidence
against him"
At 4 80 the bailiff IVES sworn and the
ury retired.
The consideration of the libel suits
we're then taken up, when Mr.. White
ey counsel for Messrs. Bright, Tantum
md Hawkins addressed the court say !
ng that the 800 deposited to meet the i.
osts in the case against Bright were
lot sufficient to pay the jury and the !
witnesses. 1t bad already taken $l25 }
o pay the costs in the Bright case, and Z
he costs in the Tantum case bid fair to u
- from $500 to $40O, which would eat
lp the whole $500 deposited, and have
I0thing left for the other cases. The
'IA'nt If in the case would not trust il
heir cases TO an honest jury empanel- 5
d by the Lsvy Court, which was said c
0 bs the beat jury ever empaneled, but A
hey must 90 outside, and get higher t.
Oned jury TO try their cases. d
Mr. Bird said they were ready to obey
ny order of the court, and the jurymen b
nd witnesses should be paid. IL
Mr.. Whiteley--"plank down the oI
loney, money speaks" 81
Mr.. Bird-"Perhaps you will give il
our note to raise the money en-" C;
Mr.. Whiteley-"You wanted special al
lrors and got them, now pay the ex- Of
enses." in
Mr.. Bates said the plaintiff was will ii
ng and ready to obey any order of the y
'urt, but did not believe in being Ell
nlldozed into it by the counsel Oh the Ii
her side. te
Judge Comegys said that it was fr
istake to have put the amount at 800,