National Republican. (Washington City (D.C.)) 1872-1888, 1880-06-11
THE END OF THE LEE TRIAL.
The Prisoner Found Guilty of Man
slaughter.
Colonel Cook Claims that the Prosecution
Sprung Surprise on uim-Closing Pro-
coedings in tho Court Yesterday
The jury Out One Hour anda
Halr-Notico Given of
Motion for New Trial.
Tho Now yea,,s Eve Homicide.

Tho New Years Eve Homicide.
The case Of George Lee, indicted for the
murder of Francis Williams on the night of
the 3lst of last December, reached the jury
yesterday afternoon at 4;35 o'clock.
The court opened promptly on time, the
counsel on both sides aud the prisoner being in
attendance.
Colonel Cook called the attention of the
court to the fact that in the closing address of
the District attorney the first reference was
made to manslaughter, and the ground of tho
government was shifted. lie had asked the
District attorney in his opening TO present to
the court aud jury all the positions the prose.
| Cutiou had proposed TO take, so that the de-
| Tense might have tho benefit Of them and an.
swer. In this instance the defense was not
given an opportunity to express themselves
on the question of manslaughtcr and he
should now ask the privilege of answering.
Colonel Corllhill thought tho procedure un-
precedentcd TO allow the reopening of an ar
Rument in the way suggested. II was per.
| lcctly competent 10 rclcr to manslaughter, and
it was embraced in the Indictment for MUIR
der. Tho Jury could, if they deemed 1t
proper, under the Indictment convict the de-
fendant of manslaughter He had never
heard of such course being pursued as was
now proposed by the counsel for the defense,
and lie did not think that Colonel Cook had
either.
Colonel COOK replleu tOdt ne n0n anu nNu
done it himself He said that he had not the
text. books on the point raised at hand, but he
appealed on higher ground and that was on
the right and justice OF giving the accused q
fair and impartial hearing. The government,
in opening this case, after being asked TO
spread out the whole of it before the court,
in order that the defense might know to
what they must answer, said that they should
claim that murder had been committed
and ask verdict to that effect. No refer
once was made to manslaughter throughout
tho whole trial until the assistant District
attorney was about closing his summing up
d of the case, when he did refer TO it and state
that it could be substituted for murder.
This was what tho defense complained of,
because it came in the nature of a surprise.
He thought that he should be permitted to
answer.
Colonel Corkhll said that in case a reopen
ing was permitted and Colonel Cook allowed
10 again address the jury, lie should send for
Assistant District Attorney Perry to respond
to the counsel,
The court said that the law pointed out to
the attorneys what was embraced in the stat
ute covering the crime Of murder, and neither
side could plead surprise in not knowing the
letter of tho law. He was satisfied that tho
precedent would be bad to permit this innova-
ton upon the uniform custom observed in tho
conduct of trials, and therefore should decline
to permit the argument.
Colonel Cook noted an exception to the rul.
ing. His ingenuity, however, worked out a
process by which he succeeded in getting his
views before the jury, which was really all
: that he was battling for. lie read his first
prayer to the court to the effect that murder
is the killing of human being, without au-
r thorty of law, with malice expressed or i'm
Piled" This is the only charge in the indict-
ment, and if not guilty of it the defendant can
not be convicted of any other.
In this pra vi ho mazda n lenuthv arpument
reviewing the distinctions between the crime:
of murder and mRnslaughter, the distinct
u charge laid in an Indictment and maintained
that a conviction could not be asked or OBJ
tanned other than on the charge specifically
9. set out in the indictment aud sustained By
- proof lie made repeated efforts to refer t
the evidence and introduce matters appertain
ing to manslaughte and show that no testi
mony bearing upon it had been offered in the
, case but at each venture he was checked by
the court and not permitted to proceed HI
then proceeded 10 read the remaining seven
upon thoin singly in so doing.
- His honor began his charge to the jury a.
2;l0 o'clock, aud tho jury retired ut 4:35 y. NJ
After being out one hour and tlirty-fvt
minutes the jury announced that they hat
agreed. The judge, clerk and counsel wert
sent for, and at Z o'clock, all Of them having
arrived, the jury was brought into the court
:, room. IN response to the inquiry of the cOur
the foreman announced their verdict rs guilty
Of manslaughter, with q recommendation Il
n the mercy Of the court.
u Colonel Cook asked that the jury be pollcd
= which was done, and the responses were i,
accordance with tho ycrdictrendered. Col0ne
Cook then made motion in arrest of judg
ment, and gave notice of motion for II new
trial.
The prisoner was rcmauded 10 Jail, and thu
court adjourned.
Colonel Cook, while he won q substantial
, victory in reducing the verdict from murdc
j, to manslaughter, is still dissatisfied, and is no
i4 content to permit the cause to rest on the yer
diet returned. He admits of possessing con
: siderable experience in the conducting o
criminal cases, but considers that he was un
, suspectingy out-mano1uvred in this one. Ill
!" thinks that the assistant District attorney il
his closing argument to the jury, when h
% strongly inimated+hat if they could not agro
10 on verdict Of murder they might conlprO
u mise on Que of manS!aughtor, threw bait Il
O. the panel that they quickly bit at and tn
% verdict rendered by them demonstrated tina
50 the suggestion had its OBJECT. He proposes b
= make this point as strong as possible in th
20 motion for a now trial and in the bill Of cx
s. ceptons.
$2 Leo WAS surrounded by few Of his friend
after the announcement of tho verdict agaius
- him--a small band that have proven faithful
and devoted throughout the entire trial, AM
who endcayored even then TO encourage hin
% to believe that the future WAS not as dark q
20 IL appeared. His most stalwart friends hav
% been Dant, his partner, and another MAJ
" named Foot. Thee two have laborcd day am
night to procure evidence in his behalf an
secure any information that would help hi
rs cause Three OF -four women also have bee
~ patient watchers OF the trial, and contribute
10 their mite TO aid him in his hour Of need
IS Whatever may be his feelings as 10 tho result
20 of the trial, no cannot complain that hi
friends were not loyal aud stoadEsst who
r friendship was most in demand.
TO MAKE ROOM FOR IMPROVEMENT.
a. ROTS' LINEN PANTS - CENTS. EisEMA
70 BROS. CORNER SEVENTH AND l..