Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1881-11-10

whom had found it worth their while TO
be present at nearly every session of
court since the trial was commenced.
! The legal fraternity was also largely
represented. Members of the bar and
law students from almost every city and
town in Northwestern Ohio were present.
called there by what was expected TO he
and what was proven the great feature of
this trial
THE ARGUMENT OF HON. JOHN M'swEENY,
OF Wooster, whose duty it was to con-
cnde the case on the part of the defense.
Promptly at 1:l5 o'clock court opened,
and without delay Mr.. McSweeney en-
tered hpon his argument in the follow
ing words:
May it please the Court and Gentle
men of the Jury: appear before you in
weakness when it should be in strength,
to perform my part in presenting the
case OF Governor Scott's defense before
you. am relieved of much of the re.
sponsibility and of the labor by reason of
the thorough examination that has been
4 isade of the case on the part of the de-
fenss by my brother and old friend. .Scrib-
ner, and will not enter even upon the
threshold Of this case without publicly
recognizing the great ability that he has
already displayed in presenting this de-
fense, nor will be invidious enough to
pass without deserving compliment for
the gentlemanly, hightoned manly pro-
fessions of my brother who opened the
case upon the part of the prosecution.
! Things have been done becoming the
solemnity of the occasion, decently and
in their order. 1t is position that the
world knows but little about-of law
yer having for the time the responsible.
| ty OF the life or liberty of the citizen ap-
parently partly within his keeping, de-
pending somewhat upon the exertion
that he may display or the management
that he may exhibit in the conduct of
the case. 1t is q case full of nervousness
to a nervous man. 1t is not position to
be sought, but by the chivalry of our
profession it is not a position to be avoid
ed. There is no. choice at the call of
friendship of my old friend, Governor
Scott. could not be deaf to his appeals.
l came amongst you stranger: | have
nothing but plain spoken words to offer
you, and say to this vast throng to-day,
What come ye out to hear? Only reed
shaken by the wind? l come in humilli-
ty before you; come feeling the sensa-
tion of the great responsibility and of the
shortcomings and wants of power to
present this mans defense as it should
be. If there were within me any prayer
that ever uttered for one moment. for
the old Penticostian gift of fiery tongues,
it would be on this occasion, if l had it,
and could bring it down form the sky to
use 1t in behalf of this old citizen, the
old crippled, invalid wife and the erring
boy that has had much to do in the pro-
duction of this terrible calamity. But
the silver and gold of eloquence have
not, but such as have of plain, common
sense. as one plain man talks to another,
that shall give you freely, and having
discharged my duty to the best of my
ability, the responsibility at last comes
haisse toyou. In the start it is well to
understand what we are trying. 1t is a
criminal proceeding. 1 1t has some char.
acteristics and points which is necessary
to call your attention to as distinguish
ing it from what is called "civil issue"
Upon this he entered upon the discussion
of the case in all its bearings. From his
lips there flowed
WORDS OF THE DEEPEST ELOoUENCE,
and for five hours he held the audience
almost spell bound. Taking up the evil
dence piece by piece, grasping every
point, even the most minute, he would
dissect and analyze the same, give his
theory of whatwas proper construction
and compare it "by the book" His
command of language was something
which no word can competently express.
His variations of manner were wonder
FIJI AT 11,,,
and sweet as music he would plead the
cause of his client; and again, with bold
anddefiant air, he would PROFOUND
fact, a law, coupling it in every event
with point at issue. His frequent
bursts of eloquence, had they been deliv-
cred upon the platform rather than at
the bar, would have been received with
the most earnest plaudits an admiring
audience could bestow. The Court. jury,
counsellors and audience forgot fatigue
and discomfort in listening to
HIS MATCHLESS oRAToRY,
and not one who was fortunate enough
to be present in that crowded courtroom
will ever forget John McSweeney and
his able defense of Governor Scott His
logical reasonings. together with the
clear, sound doctrines whish he present.
ed cleared away the doubts one by one.
until, when he sat down, it seemed as
though his mission had been thoroughly
accomplished, and the innocence of his
client established, In concluding he
said: ,-
II should say to that mother, if she
honored us with her presence while we
are talking, for nothing would be said to
iniure her feelings-it would take a bad
man to do that. would say to her that
over her poor boys grave the flowers
will not bloom any brighter, the spring
time will come no sooner, nor stay
longer, nor the sward grow with richer
green over her poor boys grave. Her
hearth will not burn any brighter by
darkening the hearth stone of Governor
Scott; there is no vengeance in this.
We say to this woman this is not the
course, and trust, gentlemen, that you
will not try to make Governor Scott suf-
fer any more than he has already done
for this widows grief. trust you will
not let no such feelings come over YOU.
She will have her hours Of gloom, bu.
the agony felt by Governor Scott 'cil
bear comparison with the agony OF
David mourning the son of his own
loins. But Governor Scott's agony was
over this poor widows son. Time viii
bring its remedy. All that is good will
live, and the frailties of the poor bov
will be forgotten, and we will think OF i,
of his virtues. She cannot. in eartal,
cares, by gettinga glut Of vensesnce. pe
that relief which comes frost anothe,
source, and ! thinkif there be anv II
spirit communications, IL that boy coult
speak from that silent grave of his to hil