Daily Republican., 1883-03-02
NEARING THE END.
ARGUMENT OF COUNSEL. FOR
THE DEFENSE IN THECRONEY
CASE.

CASE.
!: Court resumed proceedings Mt
o'clock yesterday afternoon, and NJ
Cooper submitted number Of point
on which he asked that the jury shou
be charged.
Mr.. Bird opened at 3. 10 o'clock, al
after reviewing the points submitted /
Mr.. Cooper, said that he had but OF
point on which he would ask the Cou
to charge the jury, and that was, If II
prisoner had reasonable fear that h
life was in danger, he was justified
defending himself.
He then addressed the jury, and sai
|, that one Of the most important duties
a citizen, was to occupy a place on
ljury in a case like this. They had hear
the indictment as it had been read I
the prisoner, they had heard the so
enln manner in which the clerk ha
asked the prisoner how he would b
tried, and had heard him answer, b
God and his counsry.
| The jury are now his country they
and they alone, stand between him an
eternity. This jury stand as his ,judgel
and he btsceched them to be 20,
erned by the evidence, and do thei
duty as they had sworn to do it to til
State and to the prisoner.
Mr.. Bird then proceeded to revie,
tn" testimony, and contended tina
nothing had been shown to prove tina
he went to the place in search of Ma
guire. On the contrary, it had bee1
shown that he had gone in til
store in a peaceable, quiet manne
to buy segar. After he had his sega
he passed into the pool room, and a
soon as Mcguire came in, he said to tn
prisoner, your brother is a d
s-n Of a b---h, and ! can whip you o
him." How did the prisoner act then
did he call him liar as he would have
been justified in doing? No: but on th'
contrary, he said " Dan, my brother il
not that = and the witnesses hav'
shown that the prisoner had done all il
his power to avert difficulty. He en-
tered the place peaceable, and he want
ed to remain peaceable.
The speaker did not know Maguire
and did not think he had ever seen him
neither would he wish to say a wore
against him, now that he in his grave
, still; if he had been allowed he woult
have shown that he was bully, and {
bully always carries his life in his owl
hands.
Mcguire had but few months before
heat the prisoners brother, and he him
self, as he stood in that room without 8
single friend, had every reason to be
lieve, from Mcguire 5 actions and words
that he would serve him the same, OF
perhaps worse.
The State had started out by saying
that they would show that this act had
been committed with malice afore
thought, hut the only witness they pro
duced that testified to anything like q
threat was the witness Burk, who said
that he was in Witsil'S segar store
shortly after the city election, and ht
had heard the prisoner say, when asked
how his brother was, that if he had
been at the polls, Mcguire, instead OF hi'
brother, would have been carried home
Was that threat" Why, il he would
have said anything else under the cir.
rumstances, he wolld have been I'M,
worthy to lave been called by the name
Il brother. He made no threat, he only
meant that had he been present when
his brother was being beat he would
have defended him, and that the man
that defends his brother or a friend is a
hero. He said that before Il jury can
ronyicr il man Of murder in the first
degree, it must be shown that there was
malice expressed or implied, but the
State had failed to show either in this
ease; there was no malice shown, nci-
thcr was there any implied.
Another crime known to the law is
lnanslaughter, " here one man kills
another in hot blood, but in this casc
there was no hot blood, and neither il
nor the crime ns specified in the indict,
mcnt had been proved, or should be- con,
,idrrcd by the jury.
The theory which he would offer is
Sclf-defense, and he thought that NJ
one who had heard the evidence would
controv"rt it. He then recounted the
scenes of that night, and said that after
he had been put ont, he stood on the
pavement, where any citizen had a
right to stand.
I'm IA moment more the crowd came
rushing out, with this brave Tom Rus
sell, the coward, the cur, urging the
giant MAJ auire ON: what for? What
did they all rush out for? To see Ma
guire lay his hands gently on CroEey's
shoulder and say he did not want to
fight him. No, it was not that, because
when the witnesses were asked what
they went out for, they each answered
that they expected to see a fuss. What
did they do when they went out? They
formed circle around this boy, who
WAS standing against the house, and it
has been show. that This giant Mcguire
went around that circle saying, "w here
is he, where Is he?" and then rushing
toward him to put his hands upon Him.
If his life was not ia Imminent dan
ger, then a mans lie never was. one
blow of that giants f.' might have
killed him he had not long to consider
what he should do here was the giant
in front Of him, breathing curses, the
next momen, the blow might fall, and
iEn it might hr too late.
Here stood this boy, surrounded by
Ibis crowd. and he did moi know but
they, uree,i Oh by the brave Tom Rus
sci HiHh, all jnmr on him. He had
40 protection hut his buIIe, and after
he Lad saved himself what did he do ?
Stepped back and fired his pistol in tn
eir, to keep the others from attacking
, IN.
What was this brave Tom Russell
doing then" He was ont in the street
gathering stones, with which to assail
him, and Croney called to Inn,
"come on Tom, | have one for you, y
This prisoner then went to the
City Hall, and surrenderihg him
self, said, in effect, my life has been in
imminent peril. and l have defended
myself. Does that look as if he had
committed this act with malice? DO
men act that way when they commit
q murder with malice aforethought?
No, and you too will answer no.
He closed at 4.45 o'clock by saying
that from the evidence which had
been given he confidently asked a
verdict Of not guilty at their hands.
He was followed by Mr.. Whiteley,
who said that he would throw all consid-