Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-02

OAKLAND, July 3lst.-The argument in the
Schroeder Lefevre case was begun in the Po-
lice Court this morning, when District At
torney X. NJ. Gibson opened fer this prosecu-
ton. He pointed out that inasmuch as the
defendant was charged with murder, the only
question necessary for him to call attention
to was that OF admitting the defendant to
bail.
Mr.. Cohen, of counsel for the defendant,
interrupting, declared that he proposed to 60
further. The defendant was entitled to 90
free.
The District Attorney, resuning, quoted
from the Code the definition of murder, and
declared that this was murder in the fullest
sense of the law. He did not desire to ex-
hibit spirit of revenge, but it was manifest
that in this instance there was the greatest
delberation, and there was no case in which
more forethought or preparation was exhib-
tied. The other side may talk of the un-
written law and the unlikelihood of jury
ever convicting but it was . case of clean
murder and the Court had no discretion. It
was the sworn duty of his Honor to
COMMIT THE DEPENDANT
For trial before the Superior Court. The
only question was whether the proof was ev-
ident or presumptive. If the Court held
that it was not, the offense was bailabie.
Bishop said that if the act is committed on
hearing of the offense, the crime was nos
murder; but in this case nearly six weeks
had elapsed between the confession and the
tragedy. The law says that if passion had
time TO cool killing was murder. What is
sufficient cooling time and what is provaca-
ton are questions of law and not of fact.
Quoting from Horton, he contended that the
question of murder OF manslaughter de-
pended upon whether the act was committed
,c
Killing man deliberately for revenge was
murder. In this case the defendant had am
pie time to become cool. He read several
authorities, showing that the case before the
Court was not bailable.
FOR THE DEFENsE.
A. A. Cohen. for the defense, declared that
the defendant was not the only client at the
bar, for he represented every home in Cali
fornia. On the 11sh day of june there ex-
listed happy home at 1164 Alice street, and
the defendant was the proud and happy hus-
band Of woman he loved. He left, to find
upon his return that his home had been poll
luted, his name dishonored, and the children
worse than homeless. But the prosecution
assert that this was no provocation. They
would have you believe there was no provo
cation except the lust for another's life. The
defendant told of that scene of her shrieking
and agonizing confession. Iefevre, when
confronted, was so agitated that he conld find
no account in his books, and be gave q re-
ceipt in full without receiving penny. He
was guilty. The reverend gentleman coun-
seled moderation, and they undertook TO
bury the secret. During the succeeding
weeks, this terrible incubus, this great wrong
and outrage, is always with him. Was tho
mind of the defendant on the 26th of July
perfectly sound, or was it unsettled? If un-
settled he should be acquitted. The burden
of proof is thrown upon the prosecution, and
they have failed to establish his sanity. A
jury would say, Rise up, You whom they
call guilty, and take your place among hon.
orable men p
HE Is ENTITLED TO 90 rREE,
For it has been proven that when he COM
mitted this act the delirium of anguish was
upon him. Sleeping, waking, at the bank, in
church, In the country amid the trees-it
never left him. He remembered that he ne
longer had home. It might just as well
have been obliterated from the earth He
tried to suffer resignediy, but in his delirium
his suffering became unbearable, and he went
to the seducer and shot him. The man he
killed was guilty of an act forbidden by man
and denounced by God. Scripture says, the
unwritten law says: that he who commits
adultery with his neighbours wife shall be
put to death. That which the Lord
God Almighty says is no crime, we attach no
stigma to.
Zach. Montgomery, for the prosecution,
contended thar Schroeder bought pistol,
then went deliberately and saus Lefevre
down. Schroeder pretelie,, thai he bought it
to defend himself; but he said before that he
knew he could not meet iieferIe without
shooting him. Mr.. Krisht. at one O'clock Of
thesame day, saw his hand trernble. Why did
it tremble? Then murder was in his heart.
The Court then took a recess till 8 O'clock,
when Zach. Montgomery concluded his argu-
ment, and was followed by MIR. Foote Tor
the defense.
Foote closed his arguloent st 11:l5. Cas-
onel Gibson made the closing argauens Tor
the prosecution, eorcluding at 1906. .,uase
Yuie reserved his decision, AID adj luslesi
Court at 12:lS-