Daily Republican., 1881-10-03
OYER AND TERNINER
,,,,e OF THE CARBERRY
c'o' c'onxsAruRDAY AFTERNOON.
,.v General Gr0y's Argu'
A"o A-,-rbe Charge OF the Court
"s. Jury 0ut all Saturday
Might Until Monday
MOFniUE.

r,,r. commenced at cioch Vi
.v1isy .vuis afternoon and the Attorney
saIu.nl sn.al made the closing argument FOL
Gtn'sI state After submitting to thu
tne ., ' number of points of law bear
lOul. ,he ease. he addressed himself tt
n ins Hu i"rv by saying that his duty was
rrry m painful one, but IT wasa au.y .ha' "a.
mn.t ,m. be met, it cannot, must not bt
hGss hMstad You are to turn your eyes
sl'. .ntr from that old man in the priso
a.': aS hox, and from his stricken family
p,. l;,,ino around him, and give all youl
sn"nt ..an,;on to the evidence. God knows
@ '"r heart bleeis for the prisoner, and
aam,,t m' YOURS, and gentlemen 1t you
~ s,r. single doubt, or the shadow OF a
.S,Ie J of a doubt, as to the guilt OF that
pI nOor old man, then for Gods sake, give
KIM KIM ,h4 benefit of chat doubt; but ii on
I,,I .ha o,ber hand, you believe the evidence
.nd .nG yon think that the prisoner com
a"H ai,,sd the crime with which he stands
nharrea. then gentlemen your duty is
''an Won must ren1o a verdict OF
Im,v Of murder in the first degree.
great deal of stress has been laid
bv the learned counsel for the defense,
o1 m the plea that the state has
iailed 10 identify the prisoner at
,he M bar, as Morris Carberry the
man that shot Samuel II. Adams ; the
earned counsel is too good q lawyer
n press the point, for he knew tha the
iOnnda,ion was tiimsy as the shifting
sand. every witness that was in that
box, knew that the prisoner was Nor
rjs Carberry, and when | asked one,
which was he heaviest man, Carberry
Or Adams, he said looking right at the
prisoner, that Carberry was heavier AZ
;Le time Of the shooting, than he is at
present.
AN here to ask at your hands a YER
diet Of n.unier IN the first degree, and
i,yOu believe the evidence, II yo', be-
ave thar Morris CArberry killed Sam
| ne. H, Adams with maiceatoretEought
even though that malice only lasted tor
| one single minute, you must render
such verdict, regardless of the conse-
qnencss; you have nothing to DO with
the consequences OF your verdict; you
must 90 according to the evidence.
We have here plan which has been
shown you of the place where this
scene occurred on that bright spring
morning, whtn all nature budding into
Life aud beauty, should have had soft
ening influence upon the hearts and
mind Of nan; but no, it had no such in
.Auence upon the heart Of that old man
in the box.
Wehavt shown yon by competent
witnesses, that on thai very morning
Curry passed through that shop and
Carberry did not stop him, or even say
anything 10 him.
The witness McCatferty told you that
as Adams came in that morning he
stopped him and said "Sam will you
cut that iron that was rolled last night
and be answered respectfully, "yes
sir, and turned to go at work, through
the door that was the nearest to the
shears the most direct way for him to
go, when he was stopped by Carberry,
and told in an arrogant and overbear-
lug manner, that he should not 60
through that door, and he must 60 out;
Adams replied, 81 can't go out | have
my business to attend to, and must 60
Oh through here" Mr.. Gray then
!ataled in full all the scenes and con-
versalon ut the time of the shooting
and continuing sad Mr.. Davis who
was superintendent at that time, has
.Od you that there was no rule to stop
the men passing through that way to
their work; the orders were that the
hands should not be allowed to loiter
there, during working hours, and pre-.
vent the men and boys in the horse
shoe department from attending to their
work; but .muel II. Adams was no
.oterer, he vas there attending to his
orders, aud Car berry had no right to
interfere with him.
Adams had a right to be there, and
McCaferty the foreman OF the shop,
Aad told Carberry SO three weeks
before this occurrence, he had told him
tnat Adams cut the iron for that shop,
and he had l'erfect right to be in
tle:e; Carberry could not get his will
on Samuel VI. Adams at that time, but
9a The morning of the 10Th Of April, he
laa bis will on that poor c.lored man
anu he was borne out of that door a
corpse, that Carberry said he should 90
Vus ol lew minutes before.
!. mas been shown by the testimony
VI hr' Davis, that Carberry had no
llgat to have that pistol, it was inten-
ueo ior the use of the night watchman,
los i 70 be used for the purpose of shoot
.usoown an unofien0ing workman, but
" " protect himself, and the property of
sne company from felonious attack,
"uu ior no other purpose; our employ
s', sls Of men and boys, do not have men
a "lln plstols in their hands, prowling
around to shoot down such of their
..'hployees, as may violate some petty
.ule' on no, gentlemen, what would be
Wv 11ihought Oh Mr.. Harlan, or Mr.. Hol-
,hhnpsworth, or any of the employers of
W. .hls city, If they were to put pistols in
,n ,ae hahds Vt their watch men, and say
w. eheln; If a man goes through that
nuor, ,s; or don't 60 ar und that way, or
dny .uls way, as the case may be, shoot him
uowh, such thin! could not be- done,
~ would not be tolerated.
b. nut, orders or no orders, Morris Car
se setty mad no right to shoot man down
.no. NO. ue shot him. Samuel H. Adams was
,h". u' q tresspasser, he had right to be
sne, cnote, and was in that shop in the dis
SSaarge Sa OF his duty he was not a tramp,
Iva n1 was an honest, hard working, indus
ha.a h,uaS man, toiling day after day at
ta,uu .u labor to provide a living for his
to, =. ~ VIII DOT de for the learned counsel
scann NJ. 'ne prisoner, to bring before you the
wom,, o"e OF the bank robbery, although l
tho vu,u a not say anything to detract from
his his Irealt that belongs to Carberry for
wons actlcns on that occasion, still it
tho une aolI no to say that on the morning of
stNoI hs d'th OF last April, Morris Carberry
stooa od before Samuel Il. Adams, as he
vs,s't vot petore the bank robbers that No.
II Hu9er As night; oh no, gentlemen, Samuel
Ma Mnuatns was not q robber.
no;n. gray then cited a, number Of |
tho hIvs dim ol law showing what constituted |
tisuh1nerent degrees of murde. and JUS.
conaaN, homicide, and said, the learned |
thst 30 mas endeavored to show you
bnt' nv ~ me killing was done in sell Il efence,
pr;.eae G ,ney have failed to show that the |
parSu T'et as was in any danger, or any jso-
ed uy oI life Or limb, and if he had kill
been orlls ;,,a.s Carberry he would have
AaJustlned in 40 doing.