Daily Republican., 1881-10-01
FOURTH edition.
OYER AND TERMINER.

OYER AND TERMINEK.
The Trial Of Morris CarberRy-Mr.
Bates' Argument for Defenco-A
Verdict Likely to be Zen dered
10 day.
Court commenced at 10 o'clock this
morning and the argument for the de.
fence in the case of Carberry was COM
menced by George Bates, ESD, who
addressed the jury at some length, and
said that the State had failed to show
any malice on the part of the prisoner,
trust by his employers, who had tried
him in similar place two years befole,
that he had been appointed to the ro-
sition Of day watchman on account of
his previous faithful services, and
known integrity. He was placed in q
responsible position because his qua!iti-
cations were known.
He requested the jury to divest their
minds of all previous opinions, as he
had not the slightest doubt but what
some of them had formed opinions, but
they must not be guided by them, and
he had no doubt if Mr.. Carberry had
been tried by Coroner juries and news
paper reporters he would in all proha-
bihty have been hung before this time
to lamp post; and begged the jury to
dismiss from their minds any impress
eons that they had received from new
paper reports.
He showed that the nature OF the
offrnse charged is mur Ter, and said
that it would be an insult to his client to
discuss or think that he was guilty OF
murder, either IN the first or second do.
gree. He believed that ii the Attorney
General would have had his opinion,
he would only have drawn up the in
dictment for manslaughter instead of
murder in the first degree, but accord
ing to an estahl shed custom he Dire v
the indictment for murder in the high
eSt degree taking the chances Of obtain.
ing a verdict for lower grade.
There is ns evidence in this case to
show any malice on the part of ths pri-
soner, and there is no presumption 10
show that because that man came To his
do nth by deadly weapon in the hands
OF Mo 'rls Carberry, that there was any
,nalc, implied. There has been no in
dicatiol of malice shown, by any OF the
Slate's witnesses. Our defense is that
he took, that life under proper circuin-
stance the right Of selt-defence, right
that has existed and will continue tC
* st as long ~ tine shall last. The
law Of self defence is very simple and
easily understood, therefore it will not
take much argument to make it plain.
| u mans life is placed in danger hy
a, othe-, then he is eAcusable If lie
Kills the assailant.
1t has been said that where man $
life was endangered by another. he
should retreat, huy in this case there
| vas no chance for retreat, and Morris
arherry had no right to retreat, If he
could; he was in the position where he
was placed, and was in the discharge Of
| his duty. lie had received his instrnc-
tion from Mr.. Davis to keep the mill
| hands ont of that particular shop. The
dccease was not a regular day hand in
the mill, he worked by contract, and
| trimmed all the iron for the whole mill,
and only bad work tor the horse shoe
shop about one day out cf five, and he
| hal no business in there, unless he went
with a wheelbarrow load Of iron, and il
he was there in any OF her way he was
| violating the rules ard Carberry wa,
right in ordering him out. Not only
| had Adams no business in that shop Oh
this occasion, tut McCaiferty testiti ed
that he had never seen him 20 through
there before,
McCahetty whoIwas the foreman of
| the shop, said he saw the whole trans
action, AID if he had not known that
Carberry was right in putting Adams
out, h" would have intertered and pre-
vented him, and the State has failed t,
show that Adams had any business in
the shop that morning. While Adam.
was in the shop another man came in
and Carherry went over 10 him aftcl
setting Adams kettle out and thinking
he was done with him, and although il
! has rot been shown what Carberry salt
, TO the other man stll it is supposed
i'e 'ldtred him ont, as he went out
| Carbcrry then looked around and seeing
| Adaus still there, returned 10 Eim.
When Sarberry came in Adams cam,
no 10 him, Al. d he (Carberry) did wha
was proper 'or hns ''o W Wv anu ha
aay person would do under the sam'
circumstances, took a hold of Adams
to push him back, CarLerry took the
dinner kettle and set it ont OF thu
door Now gentlemen, the very act %
his taking this kettle shows yGu JUS
what Carberry intended TO doin This ma
te and what followed took place very
Il nckly, When Carherry came back,
aier taking the kettle out Adams was
sill, sitting on u beucn, with his coat
of. The testimony OF MrCarerty makes
10 mention Of Carberry taking hold Of
Adams and pt;shing him out. The.
seems to be conflicting testimony
here between him and tho 9TH
er witnesses. He referred TO anoth-
er witness, who testified that when
Carherry went Cat, he came back to
Adams and said by ,J-----.s CT
You will have to go out. 1t was stated
by Al least tour Witnesses that the shot
followed Immediately atter Adams rose
up with the iron in hs hand. The pis
tol-whcre did II come from. IL came
tr' III the company and was used by the
night wa'chman. The very idea of bis
having this pistol furnished by the
company, and being in his possession
verti"s the fact ,hat he was to keep all
persons out.
Mr.. Lore commenced his ar!tment +
az precisely twelve o'rlock, and said
that the State ha: hr"ugh Morris Car
barry here, charged with the highest
crime known ,o,he law, and ii is your
duty, gentleneD, to act according TO
youl oathS and true dclivtran t. make
heL " cen HE StAtn and MOTIFS GarherrY