The daily gazette., 1883-03-01

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second shot. Patsy Groen AMI Tom Russell
started TO pick up 81 tones.
Benjamin F. Green, sworn - Was tn,
twentieth witness examined. His testimon,
was unimpoitant.
In reply TO q question by Mr.. Bird, witness
denied having told his uncle that he, witness
had seen Magllir have Croney by tn,
| threat Just befnre ~ shot was fred.
At 4.20 the s,,.o closed.
oPRAINs FOR DEFENSE.
Col, Whiteiey opened for the defense, re-
viewing the indictment briefly. He said
they should NOT bother the State about the
shooting, as they admitted It., The Question
for the jury was one Of malice. The affair
happened on election night, when all per.
sons are more or less excited. There must
therefore, be some allowance made for those
who say what they saw and heard on that
night. He had naught to say against any
of the witnesses, and did not believe any
one of them told what he did not think
true. If the gentlemen of the jury had
seen fight none of them would agree, be-
fore justice, exactly as to what had hap
pened. In the scriptures four writer's tell
ing the same story told facts the Others
failed TO record, which was held 10 estab-
lish the authenticity Of the Bible. He mar
rated a legend or story Of Sir Walter
Raleigh who, while in prison, saw street
aght from his window and when he read the
account OF the various witnesses was sur
prised to see how all OF them differed SO
widely. He was then almost prompted to
tear up his history of the world be then had
In progress.
To be sure the witnesses for the defense and
State would disagree, but those for the State
themselves differed in some points.
We are about 70 attempt To prove that
Croney entered Witsll's pool room not at all
in quarrelsome mood. While the tariff
matter was being discussed, Mcguire began
70 OutrageOusly abuse CrOncy's brother.
After telling Mcguire his brother was not
what he was called by him, was put out by
Witsil. When he got outside, and was fol-
lowed by Mcguire, who put one hand ON his
shoulder and the other on bis throat, Croney
then fired.
We shall prove that prisoner entered poel
room at fl.30 with the worthy object of find
ing out the reault of the election. At least
we are instructed by Croney TO say 80. He
entered quietly and peacefully, and all he
raid was to White, who had sworn the re.
mark was not insulting. 1t was, In fact,
the peoples night, when everybody thinks II
is his day out; and all think they have
pool room, IL Is said by some, that Mcguire
was not there, aud we may establish that
fact. Mcguire came IN while White and
Croney were talking. White then disposed
OF Croney and took seat by Mcguire, when
the latter began to abuse the prisoners
brother. John said, "Dan, my brother Ia
not --~-.p Ii our witnesses are to
be believed, we think, CrOney will
not DO found guilty Of any crime at all
neither murder in the Erst or second de-
gree When Mcguire came toward Cr0ney
and said, as one Of our witnesses will
say, "I'll send you 70 hell or the.
hospital, Croney replied, "DRn, am no
enemy of yours" and offered his hand. Dan
threatened to whip any Of tho Croneys.
When John was asked togo out he naturally
refused ,as he had done nothing tending to
breach of the peace, toretira. In our view,
Colonel Whiteley said, this unfortunate
thing would not have terminated If Ma
CURES Friend had - laea alsne, 40 Croney
showed no intention to 90 back in the store.
If Mcguire had been allowed to act upon
the promptings OF his better nature he
would not have gone out. Mcguire was q
generous, whola-souled fellow, and ot.bad
at heart. Unfortunately, he was q little
given to drink. Thomas Russell, the devil
who prompted Mcguire to go out aud fight,
was responsible for the unfortunate mans
death. Russell had pushed Mrs. WitsIl
aside and forced, by words, Mcguire to go
out.
In relation to Russell's connection with
the case one OF our witnesses will Hhow that
Russell kept urging t'shanty" 10 go out.
The crowd rushed out pell-mell, headed by
Russell. Outside Croney, who had but few
friends In the room, was surrounded by q
crowd, who he evidently thought gathered
to see him whipped. Acting upon that fear
he fired. Unfortunately, he had a pistol
and so had many good citizens, especially In
that neighborhood, inasmuch as threats had
been made by mob to Ego 10 Hedgcville
and clean out the polls" They were justi-
fed In being armed then, If ever. Croney,
no doubt, was excited to q reasonable fear
by the semi circle Of men gathered around
him evidently there to Aee him discomftted.
Croney stood with his back to the wall, and
he had right TO have his fears excited for
his safety. The laying on of hands relieves
the case Of all chance of verdict in either
the first or second degree of murder. Gro
ney, a small man as he Is, had q right to
protect himself No manis required by law
TO await his own discontinue before de-
Tending himself If Croney had reason
able fear he had a right to defend himself.
That is all the defense shall asIF the Court
TO Charge upon. He wonld not bother the
Court with the definition Of the degrees Of
murder
cRoNEY's WITNESSES.
A. j. Corner, the man ON account Of
whose sickness the case was postponed early
In February, was called into the court room
from one Of the ante-roOms and duly sworn.
He was suffering from an attack Of rheuma-
tism and walked with great difficulty. He
was allowed to sit while he was testifying,
and with great difficulty raised his voice
sufficiently to be heard.
On examination he stated that he did not
know either Croney or Mcguire prior to
November z; he went into Witsil's about
l1.30; when he first went In White and
Mulcahey were talkingi while they were
talking Croney came in and took up the dis.
course; then Mcguire came In; Mcguire
walked around pool table, and got up again
before he had hardly seatedS he hit the table
and with his fist aud said, '.John Croney, !
can whip you or senc you to
hell or the hospital where you and
your people belong; John said,
repeating, i'don't talk so, Dan, am no
enemy Of yours; several parties tried to
quiet Mcguire. Croney walked around and
said, "Dan, give nae your hand, am no
enemy of yours; was called out then; the
next thing saw was a crowd rushing out; ]
was a deputy marshal; when went out !
went near window where votes were being
counted; looked In pool room window and
saw crowd going into cigar department;
when they got there couldn't see them; In
about five minutes after they went out the
ehot was fired, or rather only short time;