The daily gazette., 1883-03-02
q wTE.MINaror5. DEL. FRIDAY, MARCH 3 1883

4 sErTse " =
Is Che dead mans record ana We WIN have
TO take lt. John Croney had right there
and II ever there was a patient man he was
one that night. And, yet, in the face of all,
when Mcguire had abused his mother and
his brother, he said, Dan, don't let us
have a fuss; there is my hand. am no
enemy Of yours" Mcguire was quieted
| down and Croney said nothing. But soon
Mcguire began cursing Croney again.
Mr.. Bird asked the officer OF the State II
there was malice in Croney's answer The
man, he said, who fought for himself was
as the brute, but the man who defended his
brother had the attributes Of humanity, He
did not know Mcguire when living and did
not remember ever seeing him. The testi-
mony, brought out all that the defence
wanted and that was that Mcguire was q
bully and terror to the neighborhood. He
was, as the learned counsel who opened the
case said, young Irishman and a powerful
man. That was not TO his discredit. Be-
cause he was strong and from fereign
country was no reason why all should stand
aside when he opened his mouth. A man
should not take advantage of the strength
| given him and go along the street and
assatslt those weaker than himself. A
writer once said that IL was an excellent
thing TO have the power and strength of q
giant, but cowardly thing to use 1t as a
giant.
In that room every man with the excep-
| ton of Witsil was friend of Mcguire, and
there was not one there who had the man
hood to say, "Croney,I am friend of yours
| and you have been abused"
The degrees Of malice were then dwelt
upon. Expressed malice was where a man
laid in wait for another and jumped at him
with knife. Another degree of expressed
| malice was where man had grudge
against another and declared that he would
"get even with him some day." or to that
effect The only threat ever made by the
prisoner and brought out by the State was
| where John Croney entered cigar store
and upon,being asked how his brother was
| ethen sick in bed) replied, 'If had been
there Mcguire would have been carried
home instead of my brothcr.n His answer
was that which any brother not a coward
would have made. No doubt upon that
threat the Attorney General would ask for
verdict in the first degree. ..r s.
AS to implied malice, such as throwing
poison in well or shooting q loaded gun
In crowd, that was murder In the second
degree.
That was the extent Of murder in this
State.
Was there any lying In wait Were there
any threats! Is there anything you can
take hold Of aud say, "that is malice"
When did the malice commence Was it
when Croney said, "Dan, my brother is not
A. ----." Or was it when he held
out his hands If there was malice there,
| he was the greatest fiend on earth.
There Is another crime In this State under
which jury can convict a man charged
with murder in the first degree. 1t has
neither malice expressed or implied in it.
The crime Is manslaughter, but there is
| nothing in this case to make It even one Of
| manslaughter. There was no attempt on
| the part of the prisoner to fight. Some of
the witnesses testified that he said come
out and fight, others did not hear it said.
Had John Croney reason to fear bodily
harm on that night or that his life would be
taken. That is to be shown, aud If 1t can
not be proven that he did fear then the
theory Of self defense will fall. Why did
not they put out Mcguire, who was making.
| all the noiseF Did itever occur to you why
| they did not do So, instead Of turning to
poor John Croney
The Attorney Ger,r, said In his opening
that Mcguire was incensed, but where is the
evidence that the prisoner was incensedl
All the witnesses stated that Dan was on
his good behavior that day. II that was so
God knows what he was when he let loose.
4
Witsil was the only man in all that crowd
that even offered to take the weak side
never SO family Thomas Russell ought to
sit in that dock and be under trial for this
ofiense He was the cowardly instigstor.,
| The speaker then graphically described
| how the crowd came rushing out of the
store and formed a circle around Croney
1 who was standing against the door, Mcguire
| asking: "Where is he2 where is he" What
did the crowd go out for, Why, as the
witnesses state, to tssee the fuss" If every
man in the room thought there was to be a
| fuss, what did Croney think! If Mcguire
was not going to fight, the crowd must have
rushed out to see Mcguire put his hands on
Croney's shoulders and quickly say, "Damn
| your heart you are no fit man to fight me 1"
The boy Bailey and the man Harry Taylor,
both Intelligent witnesses, did not hear
Burke tell Mcguire to keep quiet, and in
fact Burke never said so. He, like the rest,
had come out to see the fight. How did
C.oney know as Mcguire stood over him
and cursed him that "brave" Tom Russell
| was not going to take hand, or the whole
pack for, that matter! When the shot was
Il was fired the prisoner backed of FIVE or
seven feet and fred the second shot in the
air. He believed himself in imminent peril
and rightly too, for brave Tom Russell AMI
another fellow were already In the street
picking up stones. Where did the prisoner Is
malice take him after the deedi Into the
arms OF the law. Does a willful murderer
usually surrender himself! At midnight by
his own request he was locked up safely.
The question as to Maguire's condition
was briefly touched, the speaker emphasiz-
ing the fact that the physician said the de-
ceased was suffering from the effects OF
drink anshour and half after he was
drunk.
Mr.. Bird asked the Jury what they would
have done under the same circumstances In
which Croney was placed. If he did not
fear for his life then he would never have
done SO. One blow of Maguire's fist might
have killed Croney. The scene of the shoot
ing was vividly painted, Croney being in the
position OF man In fear of his life and act
ing rapidly in self-defense by the only
means in his possession, bullet.
Mr.. Bird dramatically exclaimed "We
ask you in no uncertain words for verdict
of not guilty, and we mean it. We have not
argued upon the question of malice, for
there is no malice In it. The law may bring
in the technicalities of malice, but the juries
deal with justice and facts"
He concluded by referring to the character
ofthe prisoner as testified to bywitnesses and
asked the jury to put themselves in the place
of john Croney and act as their consciences
would answer.
COLONEL WHITLEY.
At 4.40 o'clock Colonel Whiteley began
his address. He said he would speak
briefly and would lay aside all question of
| murder in either the first or second degrees,