The daily gazette., 1883-03-03
RgPRIMrsp LON YEsrERpAY
NEhRlSs AN END.

Almost every bit of available space IN the
court room, outside OF the bar was this
morning occupied by the crowd of speeta-
tors. Inside the bar railing a number Of
ladies were given seats and appeared greatly
interesting in the eloquent and forcible
REMARKS OF ATTORNEY GENERAL GRAY.
In opening, the Attorney-General con
graduated the jury upon the approach of
the end Of their duties, and remarked that
he always thought It one of the hardships of
the present system Of trial by which 12 in
nocent men were locked up for days. 1t
was, he said, usual thing for counsel in
every murder trial to admonish the jury Of
the responsibility OF their position. All they
had TO do was their duty, their whole duty
and nothing but their duty.
IL was bis duty, so far as able, to uphold
the laws of his country. II was his duty, If
he believed 1t, TO urge for a conviction. He
had no enmity for John Croney, but rather
pitied him. 1t was his duty not to ask for
vengeaRce, but that in the person Of John
Croney the laws of the State should be up
held. Our feelings have nothing to do with
any case--it is duty. Feeling Is warm, but
duty is cold. Amer speaking for some time
In general way the Attorney General re-
viewed the facts in the case. He promised
TO heighten no portion of the evidence or 10
give color TO anything not brought out.
He began by recalling the gathering Of
eitizens--a most natural gathering, indeed
lin Wiisil's pool room. He described the
men present as a reputable party of voters
who were gathered together for the purpose
of hearing the election returns. He wanted
10 know where a better gathering of citizens
could be gotten together in the city Il
was just gathering as it takes TO make up
u city, county. or a State. Among those
men were Dan Mcguire and the prisoner at
the bar. There was not a man in the room
Ia the light of what subsequently occurred,
who was not better man than the prisoner.
All present at that time, with the exception
OF Tom Russell, who could not be found !,
had been placed upon The stand by the
State.
II was not the province OF the speaker nor
of the jury 10 defend the character of Dan
Maguirc. They must take him as he is oil
AS he was. He was large, well-builr
IFishman, rejoicing in his strength, which
was admitted by all parties. White and
Mulcahey were talking when Croney went
in and then interrupted the conversation.
The manner in which John spoke showed
that he was not in very amiable disposi+
tion. II was natural that Dan should speak
in indignant terms of what he regarded al
"A great wrong. Let it get into the heart Of
any man that be was dragged wrongfully
ltOul nis HOuht DtiUft DftaklAfL 10 bc uer
prived Of his vote, and he would be apt to
express himself as poor Dan did. Mcguire
did not go out of his way to speak
of William Croney, but referred to an event
which had occurred that day. When Dan
spoke II was not 10 John Croney but to some
one else. The prisoner, however, saw fit tb
take II up and replied in a manner net
calculated TO quiet Dan, who was Indignant
Was Croney the peaee-loving citizen he was
pictured by counsel Why, in his heart he
felt bound to create a disturbance, and
showed 1t the first time he opened his mouth.
He should have told Mcguire, when his
brother William was abused, that he, Nh.
guire, was mistaken. Croney, seeing how
affairs stood, should have gone out. Instead
OF that he throws down the gauntlet and
challenges Dan to go outside and hight il ont
imam to man"
Witsil, anxious to preserve order in hi S
place, got Croney 10 go out, and the latte r
reached over the shoulder of the formt r
telling Dan TO come out and fight. Whd n
Croney got out he refused to go home, even
when Witsil said, For Gods sake go home,
John, and don't have any fuss here
The action of Croney when Dan came
out and SAID he was not intending to fight
was that OF a cowardly assassin. Even
when Dan was shot he did not even attemp,
to strike his assassin. That Is all there Is il
the case. What was tt Just al
the ''young giant" as he was called
was about to show his manlines.
he was stricken down. CrOney knew that
he was in no danger of his life when Dan
put his hand on his shoulder and said
John, you are no fit man man to fight me. -
Dan told all his friends ia the pol robm
that he was not going to fight and guartn.
teed Brickle to that effect. Even outside
within the hearing Of Croney, he said he wai
not going TO fight. There Is no self-deienst
in killing man who comes mp to you wAeI
taunted and says "you are no fit man to
fight me-"
There was no evidence that Dan Mcguire
was bully. A bully is one who would
take advantage of smaller and assault an
other and a weaker in the dark-a coward
But the very last act Of Dan was that Or
brave man. He refused to strike smalle
man who had challenged him to fight. Fh,
Attorney-General repudiated strongly tn
doctrine advanced or inferred by the de
Tense that Mcguire being a strong we'll huil
fellow and given to loud talkinl
was unfit to live. The definition
of self-defense was given, tn,
law saying that when you are pressed 10 th
wall, when not having provoked the situa
ton, finding that your life is in danger, yoI
have right to kill your adversary. Tn
action of Croney in calling Mcguire out t,
fight, and then killing him when he said h
was not going to fight, did away with self
defense. The learned counsel for the de
fense gave signal OF distress when he sale
he did non believe the witness Burke.
1t was the duty Of Croney TO have avoide,
the fight and gone home. The bravadD O
Croney in the face of The fact that Maguir
could have crushed him with one blow, 1
only to be accounted for on the suppositioi
that Croney knew, having a pistol iu hi
pocket, that he had an unfair advantage
The prisoner may have thought that IL b
brought Mcguire out and the latter put hi
hands on him he had the right to Kill him
The Court, however, will ray different
The only conclusion TO which the jur,
could come was that the prisoner was guilt
of murder in the first degree, as In manne
and form indicted, having had malice STORE
thought
At Has the Attorney General CONCLUDED
his remarks after a strong appeal to the jur
to do their duty.
THE CHIEF JUSTICES CHARGE.
Chief Justice Comegys then delivered hit
charge to the jury, first congratulating then
upon the near completion of their duty
He defined the different degrees of murde
and explained what was malice, expresse,
or implied. He said that he could non con
sent to the proposition of the defenc
that the act was one of self-defence
The prisoner, If he had fear of death O
bodily harm, should have gone away TIL
act, according to the evidence, was not man
slaughter, apd the jury, adhering ID tn
law and testimony, would not be justified fl
bringing in such a verdict. If it was cas-
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