Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1881-11-10
immediately upon, the conclusion OF
Mr.. Stephsnson's argument,
Mr. sCRIBNFR OPENED

Nh. sCflbNEh OfENEDf
the argument for the defense as follows
May il please the court and gentle.
men of the jury. il has been well said by
counsel who has Just preceded, me, that
IN this case you are charged with an inn
portant duty, one of the most important
perhaps. that has ever devolyed upor
you. The State has arraigned the de.
fendant before you upon the charge that
he has been guilty of the crime of mur
del. he has denied that he is guilty OF
that charge. He has taken issue with
the State upon the imputation so made
against him. and you are called upon
under the sanctity of your oath and the
instructions which shall be given you by
the Court, to say whether or not this
charge is true and as you shall say, gen,
tlemen OF the jury, in your final delib
eratlons in this case, so shall the future
fate of this defendant be. You are tC
allow him to go hence declared to be an
innocent men in this community, or YOU
are to consign him to cnofnement in the
penitentiary of the state, and thereby tc
blast his reputation, all that good name
which the testimony shows he has made
for himself while dwelling in this county
| 80 fObA htiuobs IOu W DldCkGU tlldI
forever. or you are to send him forth in.
to the free air and sunlight of heaven a
vindicated man. OF course il you find
him guilty it is your duty to say so, be.
cause you have taken an oath to true de-
liverence make between the State of
Ohio and tho prisoner at the bar, accord.
ing to the evidence and the law under
the instructions of the court. But if
you should find, gentlemen, upon that
careful consideration of the evidence and
all of the circumstances touching this un-
fortunate transaction that this defendant
is innocent of the charge, that the State
has failed to make the proof against him
which the faw requires to be made, trust
you will take pleasure in so saving by
your verdict and redeeming his good
name from the aspersions which have SO
been cast upon him. And might say fur
ther, gentlemen, that in the present case
you are not called upon to try a stranger
who had come within the limits of your
county, and been charged with crime
some man who has never lived among
you and who, under the circumstances
has been accused of crime--it Is no such
man whom you are now called upon to
try. But you are called upon to try one
of your fellow-citizens, who has lived al
most lifetime among you; who has
lived more than thirty years among you
in this conmunity-a man who begun
his business life as young man in the
practice of his profession, that of medi-
cine, continuing that for few years to
follow it by engaging in mercantile life,
and then when the conflict broke out be.
Tho MNrtl, o,,l ho -
way Ito the army and who manfully did
his share to sustain the honor of his coun-
trys flag; and who, after the war, held
honorable positions in the South and af-
ter many years returned to his old home
in this community, remaining with you,
perhaps two or three years before his un-
fortunate calamity overtakes him. Now it
is such man you are called upon to try,
and one of yourselves, who, while living
among you these thirty years of time,
has been shown by testimony adduced
upon the trial of this case, to have estab-
lished q reputation which, without any
exageratlon might be termed enviable, as
peaceable, law-abiding, well-disposed
citizen, as an honorable, kind hearted
man; and although the door was opened
by us to admit testimony showing the
contrary-a door which the State has not
seen fit to enter-because when a man
calls upon his friends and neighbors with
whom he has lived a lifetime, to bear
witness to his good character in any
particular it is the privilege and right of
the State to introduce evidence, even of
isoloted instances in which the accused
may be proven to have conducted him
Golf q RI nnntraHiaf tho ay,i
dence offered In his behalf as to his good
character. But, gentlemen, not one sin
gle circumstance has been attempted to
be shown in evidence in all these years
during which he has lived among you, to
show that he was anything else except
that which his neighbors have testified
he has in his behalf. 1t has never been
shown that in all these many years he
ever had any trouble, any quarrel or
struck blow in anger, or that he was
ever engaged in any brawl, not even
while living in the eSouth-nothing of the
kind has been shown which would tend
in any degree TO initiate against the uni
form good character which his neigh.
bors have given him. Now, repeat that
it is such man who has spent lifetime
among you and who has in that lifetime
established the reputation spoken of; iT Is
as to such man you are now called up
on to speak-whether he is guilty of the
foul crime of murder-whether his hands
are stained with blood-whether his
high. minded, this honorable, peaceable
man, who has lived in your midst thirty
years whether that man purposelv slew
-purposely took the life of this unfortu-
nate young man Drury, whose death took
place under the circumstances which
have been detailed before you.
''rhat is the issue that is made before
you, Joined between the defendant and
the State, and it is as to the evidence
bearing upon this issue that l shall to
some extent call your attention"
1.-The learned counsel who opened the
case for the State has read to you from
certain books of law. do not intend to
take the time to consider at length the
authorities he has cited, but only briefly
at the outset, to call the attention of the
court to one or two decisions bearing up
on the issue. And now gentlemen of
the jury, shall read in your hearing,
and call your attention to the rules of
law governing you in arriving at con-
clusion in this case"
The speaker cited several points from
different authorities which had an i'm
portant bearing upon the case, after
which he entered upon lengthy review
of the entire case, as brought out in the
evidence, detailing in a connected man
ner the minutest particulars, showing
the movements of each and every person
identified with the case, on the evening
of the occurrence, all of which has beer
repeatedly given in these columns, max
ing it unnecessary to repeat it. At the