Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1881-11-10
On Trial fer Murder +!
State Of Ohio VS., R. K Scottl
The Verdict: Not Guilty.

son on the part OF the prosecution.
The following synopsis of the argu
ments we take from the Bee:
MR.. sTEPHENsoN'S ARGUMENT.
"May it please the Court and Gentle
men of the Jury: In the assignment O
duty as apportIoned among the counsel
it becomes my duty to open to you tn
discussion of this case on the part of tn
State. have accepted the position be
cause considered it my duty, and nov
consider it my duty to give to you gen
tlemen my views of the case, and in s.
doing l shall be as brief as can, havin,
view, as must have, to acquit mysel
properly of what consider my duty il
this matter. Consistent therefore, will
my ideas of duty, shall be as brief a
possible under the circumstances.
Il know that all of you gentlemen ap
preciate the position you occupy and the
effort made by his Honor to have full
fair judicial investigation into the fact
constituting this transaction. l know
you all recognize the propriety of tn,
course pursued by his Honor. however
inconvenient to you, because it has beer
done in order to have full and fair in
vestigation.
The speaker then proceeded to define
the various duties OF the different off.
cials engaged in the case, after which he
gave an extended account of the whole
affair, beginning with time of Drury's
coming TO Napoleon up to the moment
of his death, concluding: "You know,
gentlemen, that Warren G. Drury never
had one conscious moment after the i'm.
pact Of that ball against his head. He
sank down upon his back upon the floor,
is found, is lifted up, is examined, and
the next day is taken home to his moth
er, who had sent him three months be-
fore to } our town, strong and healthy, to
do for himself.
Producing Drury's picture] "That's
the young man that the mother sent tC
your town and county, and after this oc.
currence, on Christmas day, on holi-
day, Warren comes home to her, not as
sent away; not as his picture represents
him. He has passed through the sur.
geon's hands, his brain has been taken
out, he has been put in his coffin, and in
that wooden box he is sent home to his
mother. That is what Gov. Scott has tc
answer for before this tribunal"
The counsel then directed the atten.
tion of the iurv TO the law on homicide
paving particular attention to those OF
murder in the second degree and man.
slaughter. He explained what in law
constituted malice. and compared that
meaning with the common acceptatior
of the word. Continuing he said:
Gentlemen, it is the duty of the State
to represent to you what they believe tc
be case, and to point out to you what
they believe to be your duty. 1t is the
privilege of the counsel for the defense
to represent to you the privileges of in
dividual interests and innocence. We
have not that privilege, but have to point
out to you the law, and look out for the
interests of society and the duties we owe
to it. l have presented to you the laws
of your State, and the doctrines regu.
lating the application of the laws to the
facts and the facts to the law as has been
laid down in the books, as I understand
them.
NOW, what are the facts in this par.
ticular case now on trial? 1t is one
thing to state case to jury and anoth-
err thing to prove it. 1t is one thing to
state what either side should show, and
it is another to show that the testimony
as adduced has made a case or defense.
The presumption of the law in Ohio is
that where the killing is proven case of
murder in the second degree is made out.
shall not attempt to quote volumnous-
ly from the testimony, but will. how.
ever, call your attention to certain por-
t;one xrh;ob T Ln,n a,l-ol
The speaker then proceeded to point
out to the Jury the several instances
wherein there were contradictions in the
testimony of witnesses namely that of
Withers, contradicted by Wisler; of
Thompson, contradicted by Parrish, ETC.,
and stating that they would be instruct.
ed by the Court that it is their duty to
reconcile such testimony if it be possible.
Upon these points he dwells at consider
able length, being interrupted by the
noon recess,
AFTERNOON.
At the reassembling of Court at | 80.
Mr.. Stephenson took nm the thread of
his argun Q at where he left off. and con.
tinued for some time to compare the
testimony of the various witnesses, He
referred to the testimony of DR.. Blair
Sheriff Daum and Mr.. Smith. wherein
thew repeated conversations had with
Gov. Scott. and COMPARED them with the
statements of the Governor. as made on
the witness stand. He further called
their attention to the contradictions Of
The testimony of Joseph Stout. Aug. Pill
liod. Mr.. Facey. Mr.. Rogers. Mr.. Meek,
son, as made 6y the Governor and asked
them to weigh these things well. HI
called attention to the testimony of Gov,
Scott in his description of the scene OF
the tragedy. and as to what happened
there and how it did happen, ILLUSTRATING