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

without expressing the pleasure | have
had in the Intercourse with you as you
came in and went out during the many
days of intercourse: for the kindness of
the judge have only words of com
mendation; for the genteel courtesy OF
my brothers on the other side OF the ta-
BILE am under thousand thanks. and
| only wish that in the whirligig of time
they can come down to my land. and my
home. on professional calls, to permit me
the opportunity of returning in kind the
treatment have received at their hands.
And now the case is committed. as far
as the defense is concerned, to your
hands, and may God give you 90 do right
as you know to be right. | am done. "
AT $3.50 o'clock Friday morning. imme.
dlately upon the assembling of court,
Mr.. Tyler commenced the closing argu.
ment IN the case. Unlike the counsel
who had preceded him, he did not give
an outline of the case. but at once pro-
ceeded to discuss the various controy ert-
ed points, taking each one separately
and presenting it in the strongest posi-
BILE light, as viewed by the prosecution.
he exhibited considerable ingenuity in
the manner in which he handled the
various topics. expressing himself with
the force characteristic of him. His
conclusions seemed logical and pointed
though the manner in which he flung
them to the jury tended to distract from
their impressiveness. He characterized
the killing of Drury as malicious nur-
der, admitting no extenuating circum-
stances. His illusions to the testimony
OF the witnesses of the defense. and to
the witnesses themselves were severely
critical and by many deemed entirely too
satirical and out of place. His illusions
to the friends of Governor Scott-among
whom he mentioned some of the most
prominent men of the county-as
"Scotts gang" was uncalled for, unkind
and certainly uncharitable.
In speaking disparagingly of these
men, Mr., Tyler must certainly have
overlooked the fact that they are. every
one of them, gentlemen-men who are
possessed of as clear reasoning powers as
is he, and whose sympathies for Cover
nor Scott were only extended after
careful investigation of the case. result
ing in a firm conviction of his innocence.
Mr.. Tyler possesses a good command
of language and ordinarily expresses
himself well, but he too frequently, un-
fortunately, forgets himself and uses
words and expressions which, to casua!
listener. seem out of place. especially
when used before an audience which is
largely composed of ladies, as was the
case to-day.
AT the conclusion of Mr.. Tyler's argu-
ment,at 3:l5 p. m., Judge Moore charged
the Jury as follows;
JUDGE MooRE's CHARGE.
GENTLEMEN OF THE JURY: It is apparently
unnecessary for m to say to you that this
is an important ca Sc. am assured by your
intelligence and the very careful: attention
you have given to the testimony, and the
arguments OF the able counsel who appear
for for, the state and the defendant, thai you
will give the case in its determination that
full, fair and candid consideration its m
portance demands.
The defendant, Robert X. Scott, stands
charged with the crime of murder in the
second degree. The indictment, stripped of
the formal language of the law, charges that
Robert K. Scott. on the 18th day OF Decem-
Der, 1880. in the County of Henry, State Of
Ohio, did purposely and maliciously make
an assault upon Warren G. Drury, and him.
the said Warren G.. Drury. did then and
there uplawfuly, purposely and maliciously
kill ana murder contrary to the form OF
the statute in such case made and provided.
The indictment is found under section
GS10, of the revised statutes. which reads as
follows: Whoever purposely and mali
ciously kills another, except as provided in
the last two sections. is guilty of murder in
the second degree, and shall be imprisoned
in the penitentiary during life.'
Under this indictment the defendant may
be found guilty of murder in the second de.
gree. or manslaughter, or OF assault, or of
assault and battery, or he may be wholly
acquitted, according as you may find under
the law and the evidence.
Manslaugher is less degree of ho micide
than murder in the second degree and is in
cluded in it, and an assault and assault and
battery by the defendant on Warren q.
Drury, are also charged In the, indictment.
To this indictment the defendant has enter
ed his plea of not guilty, and by such plea
has denied the truth of each and every ma
terial allegation contained therein. The
State by its Indictment having affirmed each
material allegation that it contains to be true
the denial SO made makes up the issue to
be tried and which you must decide.
In order to find the defendant, Robert X.
Scott. guilty of murder in the second degree,
YOU must be satisfied by the evidence beyond
a reasonable doubt that each and all of the
material allegations in the indictment are
true:
lst. That the person named in the indict-
ment, Warren G. Drury, is dead,
ID That he came to his death by violence,
substantially in the manner and by the
means stated in the indctment-thati is, that
the defendant about the 25th day of Deem
DGT, 1901, SHOJ uuu hlHcu uiIcIl UEury.
Sd, That the act was done in Henry coun-
ty, State of Ohio.
4th. That such killing was done purposely.
5th. That it was done maliciously.
Is Warren q. Drury dead? Was he shot
and killed by the defendant about the time
named in the Indictment? and was the act
done in Henry county. Ohio, are all matters
to be determined by yon.
If you find these various matters for the
State, you will next inquire if the killing was
done purposely. Before the conviction OF
murder in the second degree can be had, yc
must find that the act of killing was purp'
Of the slayer at the time he caus ,esigl
death of the other, by such >es tn
cause the death of the other. If act t.
that causes the death of anothe' Ghe persol
intends at The time to cause I by his act
than death, he is not guilty. 4 result otbe
degree-the killing not be- in the secon,
Therefore, if the defe' .dg purposey done
Warren G. Drury by adant shot and kilet
time he shot him he .e,ide5 .eede9f, or If at tn
guilty Of murde' >cher than death, he is no.
fsuss prurys He dea st intend the Shot to caus, u.s.
a. Snd anS Se eln he shot warren q. Drury If yo,
his doc .ad stioot him-intended to cause
Hes :. 4tn, an by that act did cause his
an1 tLas sou hay find it was pnrposely done
out. "' w -''ue
Ine " tent or purpose to kill is an act O,
oper" ion of the mind. Such intent can only
t oe u w ,duced from the facts and circumstances
~ ~, 1e case. The intent with which per-
s 50 al does an act is generally evidenced by
showing the manner in which he does it, the
! means he employed to doit, the instrument
1 he used, together with the circumstances
surrounding the party at the time, taking
also into consideration any declarations
| made by the party before, at the time and
| after the act was done.
| You will look to these various things to
determine the intent or, purpose by which
the act was done No person can look into
| the mind of another and tell the purpose with
which he does an act. The action and oper-
ntion Of the human mind are invisible. and