The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1882-01-27

petition and physical force that would ap
pal an ordinary body of men. After the
usual complaints to the jury the speaker
sat down.
then followed for the defense, 'sThe place
wheresyou s tand to-day gentlemen is holy
ground. You are to determine the gull
or innocence of this man., The speaker
reminded the jury of their position and the
weight which hung upon their decision
They must throw aside all prejudice and
judge only from impartiality and justice
with mercy in their hearts it was theil
duty to shift the evidence and decide
| thereon; not with view to convict moi
with view to condemn, but with desire
to arrive at the truth and a wish to do
justice.
| The evidence in this case was entirely
| cirermstantial; chain of evidence which
| the prosecution desired to convince them
was sufficient 10 convict. 1t was necessary
/ to be convinced beyond reasonable doubt.
| L
opening that the proof would not justify.
In criminal case it was necessary to
| prove the crime and there was no proof
| that murder had been committed. 1t was
| her head could have been
caused by fall and it was not GER
tain that such was not the case. There
was no motive proved or even attempted
to be shown. The defendants story agreed
in all material facts with all facts proved
! by the other witnesses. In reviewing the
| evidence counsel agreed that there were no
circumstances shown that might indicat e
the least intention to commit murder or
that showed a motive. The orator dwelt
| in exceedingly f0rcible language upon the
motines of children that would attempt to
prove their father guilty of murder and
commented upon the girls statement that
she heard her fathers voice talking in
Dora's house fifty yards away. If the
girl heard talking she must have heard
any fight that would have occurred, and
she must have gone out that night with
some one ia whom she had confidence
with her husband.
The fractures could have been made bv
| a pistol but, pistol ball was found in the
door of the house that fitted her husbands
pistol, and her husband possessed pis-
toll.
In regard to the corn, the boy testified
that he saw nothing remarkable in the
ground the morning he and his father
shocked the corn. The Sheriff testified
that 1t might have been the impression of
a boy or dog. a wooden thread was found
in the soil, and Dora had on calico dress
The speaker next enlarged upon the
doubt in the testimony as to dates and the
chances that the witnesses were mistaken
in the exact dates. The detective" was
the next subject of discussion, and the
claim made was that his testimony was too
ridiculous for comment. At the conclusion
of these remarks Mr.. Hass closed.
AFTERNOON SESSION
After the moon recess the court room
was crowded so that the doors had to be
speech of Mr.. O'Mara was looked forward
to as the feature of the case aud the large
crowd was evidence of the interest taken
in the points he had to offer.
MR. o'MARA
opened with an explanation of the circum
stance through which he was connected
with the case. II is case of the greatest
responsibility, crime for which il he is
found guilty he can he hung. You, the |
jury, have sworn that you will render a
fair and impartial verdict. The orator
then read the various counts of the indict-
ment and commented on the ignorance
therein shown as to the manner in which |
she was killed. The duties of public /
prosecutor were then discussed the law /
does not authorize the prosecutor to take
advantage of unfair means; an innocent
man can easily be accused and brought to
trial and it is the duty of the prosecution
to give all fair trial.
The prosecution had all the time claim
ed that their entire case rested on circum-
stantial evidence; he had ascribed motive
but had never introduced proof of their
opening statements. The prosecution in
his opening address to-day had claimed
rape as a motive for which he had no
evidence He had at the last moment in
IIOuuCGu u DIctCDSltu COu4cSSlOU, eNlQbUCC
not circumstatial. It was the prosecutions
duty to have given notice of this confession
If he desired to use it otherwise he was
taking an unfair advantage.
Mr.. Parmenter said he could not lie, but
the defense intimated that he made good
attempt at it.
The question of motive was next taken
up, and t'Roscoe's evidence" read as affect
ing the subject; the amicahle relations of
the two families was referred to us, show
ing the lack of sufficient motive.
The evidence was briefly reviewed, and
the speaker dwelt with great force upon
the attitude of the sons and daughters of
the defendant toward their father while on
trial for his life. The speaker showed dis
in the testimony of Anna He'll
wagon before the coroners jury and in the
court room.
At a late hour this afternoon Mr.. Mara
his remarks, and Mr. Jackson
for the prosecution, closed with the final
THURSDAY AFTERNOON.
The prosecution offered the plot of the
farm, where the murder was committed,
he sack and stone found near the body, in
The prosecution having ended,
If III It'll.