Daily Republican., 1881-11-29
an TRIAL OF CARBERRY
.,r,p,Sas YESTERDAY AZ
rERNOON.
lament for the Defence
~ 80. ussteriy Effort In he.
.,,rs rrisoner-The Evi,
D." ,uce for the state Th"r'
o,vbly Reviewed.


,oconyened at 3 o'clock ycster-
VG' Va,rnoop and Mr.. Bates opened
" aafence He discussed the law
bsasable homicide. and asked the
% w charge the jury that II in their
esnSs firing of the shot was neces-
sn "o ave the life Of the prisoner, they
" lander a verdict of not guilty.
IT p,.s. ,vp stated several cases, and
y, y number ofauthorities in support
tsl 'nrrorcstion. He addressed the
ds , f' tor nearly one hour, and then
s'ns W. wed his argument to the jury by
GNU, that he would feel very much
s!lvs'i s!.;ssi i he could dispense with fur
fa,'D,r DD,,r,nmeur,and thus shorten the
at avon a." which they had been 80 long
ias i,'s,rrl rl but .he earnest feeling that he
ae',a NV ,bp subject, and the duty that
ss ssI own W. to his unfortunate client, alone
unused nsn,si hiu u make this argument,
''s NJ, Bates raIIed the attention of the
N M "a he rature of the offence charg-
y. gl.,rd aid he could not see, neither
% HI Is I beneye that they could see, that
.s;s aM os,pce partook of the crime of
~r,jrr. W., the very highest grade tnat the
,S.rra could be fixed at is that of
,.1 ,".,r.aushtrr, hut if you view this
=. s. As We do Won will look upon it as
irtfable homicide.
T,your place to judge whether here
u.,,y malice or premeditation in the
- and you must judge by the evil
Nv Of these witnesses, who were
rgt at the time OF the occurrence
aue into this Court from their
r,saop. Oar defense will be justi-
N4 homicide committed in self
tsrY. CnHer the old law as it then
cd was las whatsoever sheddeth
ru, blood by man shall his blood be
ta" but We live under u modified
Nd an'ler cote, and although II we
Avpl the teachings that came from
IOiyst We sh,uu rather stand and be
din, rather thar slay our aggressor;
h,A1ual na'ur" is different, and the
| Nv Instlhrs Il man in killing his
walaut where h!s own life Is III
|a1ser
You must have noticed that all we
|mOi Mr.. DAVIS was drawn out rs ii
ws with corkScrew. 1t is but
|unral that Mr.. Davis should deny
ssng such order now that he sees the
diets Of il, aud yet two other men,
|hairy anu Hazard, both Of whom
hi &en watchnen stated under their
aI that Mr. Davis had issued Just
EtA orders TO them, and Mr.. Davis
snltted thai he gave he same orders
a(aEbcrry, that he did to the other
unbnen. Another matter Mr.. |
Davis testified to that shows the un-
Msblty OF his evidence, aud the
ald he bears the prisoner, is, that
k@ues up here now, and tells you
arm all eases where he had any |
tar he must refer tie matter to Mr..
|hlicr'y Tor settlement, now MIR.
W. was on that stand last SepteIn-
s.nd he never said one word about |
|RelIing Carberry any such Il thing.
LM DAVIS / AZ told the truth in this
litter it is b,t,er for us, for it has been
arIy shown that Mr.. McCatf'erty
gpresent atthe shooting, and If he
Ter had such orders, he knew that
dams was IN there wrongfully, aud
lat Carberry vas right in putting him
1t. ,
Mr.. McCaiiertv has also testified that
e never knew Of any orders to prevent
zen from gong through that shop; now
MS testimony is true, aud he knew |
lat Adams was not violating the rules
lE ant Lot he as foreman OF the shop |
hrfere, and tel Calberry that Adams
as not breaking the rules, and 10 let
II alone, but no gentlemen MCCatt.
" knew that Samuel Adams was
V!atlhg the rules, aud that Carberry |
Is F'shc III putting him ont, and he
u no' lLtcrItir or even say u word,
NJ MS 'iItnCe gave consent to Car |
Fty Hactlon. AIN ver1 sorry to have
cfI'lclse NJ" Davis statements, and
;la'e my doubts Of their reliability,
u an gIaa that he is studying medi-
w. sincerely trust that he will |
AAe Il oef'"r doctor Il an he did sup.
nei'dent; one advantage he will
Ay as Goclor, he can bury all his
H..N'" SIX leet under ground, which
!, ,S,PtTlhtendent he c.IllL not do.
vi, Nj DAVIS has told you that the day
a,tlman had no right 10 have the pis-
! 'nat IL was exclusively TO: the use
,@e \. night watchn II, an further,
y ae place for it,and wIere it should
'%Ae pI was III "A drawer III the office;
syet III the same bre ,th he tells you
y y Ae saw Bradley the light watch
70 hand the weapon on several occa-
~ I. III 'he morning to Carberry and
"! ne knew he had it.
'uy did he not as the superinten-
y - ay 10 Carberry, you have no right
a ,ua' pistol, go aud put it in where it
iJnss Mr.. Davis did not do that,
! ~" lc sees where he erred, and he
n 70 put the responsibility upon
= ~ one else, but | say to you gentle
', ~. 'na' II there is any responsibility
a 'ue ueath Of Samue! ii. Adams, that
p,,nsibility rests as Iauch upon Tho
he bar.
IL tae witne sei for the State have
"a "a inherent statements, and contra
W W eaeh other, no two Of them gave
g"''c account Oi the shooting, and
you are asked to convict man upon
evidence.
laS Ia been shown that previous to
% o'anooing, Adams picked up the
al y. !, iron, and my theory is, that he
~ 'hat piece Of iron with the inten-
q u striking Carberry, and that just
. a. ma h hand poised for the blow,
:, S"oI was fired, aud entering his
= Ine arm and hand that held the
t 'ell paralyzed to his side. Now
il IIsr nsiueration; Carberry is a
- lan, and getting 10 years, in fact
an od man, while his antagonist
S@soung, strong and powerful man,
!" Ial oerry was no match for him.
,o oa aoe oelieve that Car berry ever in {
~ ~. 10 shoot him, and the blows that :
/ th ,h AuaDHs, ;learlv shows to my
~; ;ua' lie did not know that he had
,an n,ln and when Adams fell on him !
,'ueht that it was continuation
~ n: assault; he trusted to managing
,o, ",'nout the pistol, and threw that
n;a 1Ga away, aud used his fists; this to {
q Iu ,l, Is the strongest piece of evil
E ."at has been produced to show
); ;,', ,toerry had uo intention OF kill
,;.., ;, or he would nor have thrown
ID ,,1.ol ". away, but would bavc con-
a. . ,o; W use IL. In conclusion Mr.. ,
a,. 'alu mat Gsrberry was in his {
amending TO bis dutiaa in obe- {