The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-01-26

L must close. Inc government has pre-
sented its case before you, and we have en-
J deavored to discharge our duty to the bes
OF our ability. His honor has endeavored
to discharge his; know you will be faith
ful to your oaths and discharge yours
so discharge it, that by your action al
least, the political assassination shall find nc
sanction to make it precedent hereafter.
He who has ordained that human life shall
be shielded by human law from human
crime, presides over your deliberations,
and the verdict which shall be given OF
withheld to-day will be recorded where we
all shall have to appear. / trust the YER
dict will be prompt That it viii respect
the majesty Of the law, your integrity, and
the honor of the country; and that this
trial may result in warning Ito reach all
lands), that political murder shall not be
used as means of promoting party ends
or political revolutions. | trust the time
shall come, in consequence of the atten-
ton that shall be called to the considera-
tions growing out of this trial, when by
international arrangement between the
i various governments, the law shall be so
strengthened that political assassins shall
find no refuge on the face of the earth.
JUDGE cox's CHARGE.
Judge Cox, at 3:15 p. M, commenced
by saying the constitution provides that in
all criminal prosecutions the accused shall
enjoy the right of speedy and public
trial by an impartial jury in the state or
! district where the crime shall have been
committed; that he shall be informed of
the cause and the nature of the accusation
against him; that he shall be confronted
with witnesses against him; that he shall
have compulsory process to obtain witnes-
ses in his favor, and that he shall have
assistance of counsel in his defense. Those
provisions are intended for the protection
of the innocent from injustice and oppres-
sion, and it was only by their faithful OBJ
servance that Of guilt or innocence could
| be fairly ascertained. Every accused per-
son is presumed to ne innocent until the
accusation was proved. With what diff
Guilty and trouble the law had been admin
| istered on in the present case the jurors
have daily witnesses. 1t was, however, a
consolation that not enc of those sacred
guarantees of the constitution have been
violated in the person of the accused. At
last the long chapter of proof was ended.
The part of the advocate was now done,
and it now rested with the jury to deter
mine the issue between public justice and
| the prisoner at the bar
He should simply say public excitement
or newspaper opinion was not to be re
garded by the jury.
1t had been proved that:
1. Death was caused by the act of the
accused and with malice aforethought.
He did not mean the Government had to
prove any ill-will or hatred on the part
of the accused toward the deceased.
Where the homicide with lawful
authority committed, with deliberate in
tent was sufficient. Had it been done with
malice in order to constitute murder the
assassin must have been of reasonably sane
mind: an irresponsible insane man could
not commit murder. If the accused was
laboring under disease of his mental
faculties to such an extent as he did not
know it was wrong, then he was wanting
in sound mind, memory and discretion,
that was part of the definition of murder.
The Government is not bound to
show affirmatively the defendant was sane
as insanity is an exception and as
majority OF men gre sane, the law pre-
sumes the latter to be the oSnditien of
every man until shown to the contrary
The burden therefore was on the defend
ant who sets up insanity as an excuse from
crime, to produce proofs in first instance,
and to show that presumption was mis-
taken so far as it related to the prisoner.
The crime therefore reyolved itself
into three elements; killing. malice
and the responsible mind of the
murderer, after all evidence was before the
jury If the jury bearing in mind both
those presumptions, that is, that this defend
ant is innocent until proven guilty and that
he is sane until the contrary appears. If
there is still entertained what is called q
reasonable doubt on any ground or as to
any of the essential elements of crime,
then the defendant was entitled to
the benefit of that doubt, and to
acq Initial.
The judge then concluded as follows:
''The jury will bear in mind that a man
does not become irresponsible by the mere
fact of his being partially insane, as the
law assumed every one at the outset to be
sane and responsible. The question was
what is there in this case?
After the jury had been out about twenty
minutes recess was taken until half-past
five. The prisoner was allowed to retire
to an adjoining room. Before leaving he
evinced considerable nervousness, but
when in retirement he regained his usual
manner. He treated attendants to some
apples meanwhile. Replying to question,
he said: Il think the jury viii acquit me
or disagree within ten minutes" After
recess was taken the jury announced they
were ready. Being informed Of the recess
they remained in the jury room until the
court reaSSenDle0. An exClteQ dIld nix
ious crowd gathered with the opening of
court, awaiting what all seemed to expect,
verdict of guilty" First came the
prisoner with quick, nervous step, and
as he seated himself in the dock, perhaps
for the last time, the light of solitary
candle fell full upon his face, and disclosed
it's more than usual pa1lor. Not tremor
of the limbs or movement of the muscles
of his face were observable, as he threw
back his head and fixed his gaze upon the
door of the jury room. The Judge took
his seat, the crier called order, and the jury
at 5:35 filed slowly into their seats Every
sound was hushed, save the voice of the
clerk, as he propounded TO the foreman
the usual inquiry, and in a clear and dis
tinct voice came the reply, I'VE have"
"What is your verdict-guilty or not
gui1ty7"
With equal distinctness came the reply.
GUILTY AS INDICTED"
Then the pent up feelings of the crowd
found expression in uproarious demon
strations, applause and approval. fs0rder,
ORDER" shouted the baiiffs.
Scoville and the counsel for theprosecu-
ton were simultaneously upon their feet.
Scoville attempted to address the court,
but the District Attorney shouted, .Wait