The daily gazette., 1883-03-02
HOPES AND FEARS.
cRoNEY,s CASE TO CON-
t cLuDE TODAY
SPEECHES MADE YESTERDAY.
The Jury soon TO Pass Upon the Guilt or
Innocence ofthe Slayer OF Dan Mcguire
Numerous CoDjectures.

Nearly all of the time yesterday was con-
sumed 10 the court room BY the addresses
| Of counsel In, the Croney case. At adjourn
ment last night the States Attorney had
| just concluded the presentation of points
upon which he wishedthe court to charge
| This morning he VIII begin his closing re-
marks and It Is fully expected that by noon
the Chief Justice win begin his charge to
the jury, In which event that body will re-
| tire for deliberation before the close of the
morning session. M
There are numerous conjectures and
| specQlations a. 70 what the verdict win be,
although the prevailing belief is that It win
be manslaughter, although some disin-
terested observers predict an acquittal.
There are none found, however, who be-
lieve a verdict Of murder in the first degree
will be reached. 1t.
DEPUTY cooPER's REMARKS.
Deputy Attorney General Cooper said he
| would review the evidence briefly. He
knew the jury felt the Importance of the
duty they mad to perform as much as he
did. They owed duty both to the State
and to the prisoner. They could not and
should not look for one instant beyond the
words Of the sworn witnesses. He knew
that as 10 intelligent men they would not
be Influenced by any extraneous facts. The
| whole matter occupied q short time, prob
ably not 90 minutes, and took place within
| a small space of territory.
At the outset there Is no doubt, he said,
that Croney fred the fatal shot which sent
poor Daniel Mcguire into eternity. That is
admitted by the defense. The only thing is
| to decide If the shot was fired in a manner
to justify or excuse the prisoner. If 1t was
| not he was guilty as indicted. Let me say
| first that, in my view, the prisoner at the
| bar was, that night, the ageressor at the
start, when be first walked into Witsil's-
when he interrupted White and Mulcahey.
His remarks then were unwarranted, pn-
called for and insolent. Mr.. White, the
witness, tod You the remarks were such
that he remarked to Croney that he wanted
nothing to do with him. Other witnesses
state that he, Croney, spoke In an insolent
manner Of the cigar he was smoking. IL is
| for US TO show the state Of Croney's mind
when he came into the store.
Mcguire, burning with Indignation as be
had right to, spoke severely of the treat
ment he had received, as he supposed, from
the shands of Bill Croney. John had no
right, either In fact or in law, to pick up, on
his own shoulders, the quarrel between
Mcguire and William. Having picked 1t up
for himself, however, (Maguire not having
said anything about fighting the prisoner,
4
John said "droP the $50, and come out and
fight man for many he was responsible
| After Mcguire had sworn at john, the latter
extended his hand. Why should he have
| made that offer if he did not think Ma
| guire thought him an enemyf
When Croney entered the saloon he had
| malice in his heart when he saw Mcguire,
| and intended to crafty IT, When he said,
"Come out and fight 1t man for man" he
didn't mean 1t. He approached Mcguire
with his hands in his pockets, in one of
| which he had the pistol. When he went
outside he waited for Mcguire to come out.
The prisoner should have gone home, and
the court will so tell you. There was no
occasion whatever for taking the life of
Mcguire. Had Croney gone home there the
matter would have ended.
As showing the animus and malice of the
| prisoner 1t has been shown that he was cool
and collected, and after the first shot turned
and fred again. The plea Of self-defence
was ridiculous and one Of alibi could have
been. sustained as well. A plea of self
defense cannot be sustained where the party
brings ON the occasion fer self-defense him
| self, as Groney did in inviting Mcguire out.
The case Is narrowed down to this II
YOU believe the witnesses Of the State you
are bound to convict, and there has been nc
evidence to show that there was self-d defense.
II you take all that Conner, Sherwood and
others for the defense said you can not but
| convict. ~
Mr.. cooper's remarks were closed al
1880, often apologizing for the manner in
which they were made, he suffering from
catarrh in the head.
Mr.. BIRDS ARGUMENT.
At the opening of the afternoon session
Deputy Attorney Cooper read . number oi
points of law upon which the State desired
the court to charge. They included def
milton of malice in cases of murder, ex.
oppressed or implied. The grades were muir
der In the first and second degrees, man
slaughter or self.defence. The points gave
various citations touching upon the several
degrees of murder Mr.. Cooper then read
the decision OF Judge Wootten IN self-defence
given at the time of the Carberry trial.
Mr.. Bird said he did not essentially ditfr
from the points of law as set down by the
learned counsel on the other side. One
point he did not exactly understand and
that was where It was stated that one con.
mot knowingly bring himself TO that point
which he sets up for his own defense.
Mr., Bird asked that the court charge that
If the prisoner had any bodily fear he wal
justified In defending himself.
In addressing the jury Mf. Bird sSid thai
there was none so much dreaded as the one
the IL men before him were now called
upon to do. When the prisoner looks the
IL men In the face he says, in fact, "you
are the only country have to stand between
ne and what claim to be the truth of the
matter.n As was said this morning yol
have duty to perform not only for thii
man but for the State, We shall ask yoL
not to swerve from your duty, We shal
| not appeal to your passions or you preju
dices, but we shall ask you to do your dnty
| alike to the State and the prisoner, and Va
shall be content whatsoe'er that yerdic
shall be.
Let us look at this case. It is confined Il
a narrow limit. The events were short anC
covered but little space OF time. 1t wa
election day--the 7th Of November. Ant
let me say here that, bad as 1t is for peopl'
/ to carry weapons, a large proportion of citi
zens on election day carry pistols. Sad a
II may be, let me tell their Honors, Their
are often occasions in this city on election
day whereby citizens often feel compelled u
arm themselves,
Speaking Of Croney and Mcguire, Mr.
: | Bird said these two men met ct q publ
! | place--not drinking saloon. Croney wen
there apparently for the purpose OF pur
chasing a cigar. Having done that he en-
tered the pool room. There were numbe
a Of men there and two OF them were talkini
. politics. Croney acted In perfectly quie
s manner, and did not open his mouth +
: Daniel Maguire lie came to cigar stor
and bought cigar, and then took part In
conversation going on. When he spok
a first Mcguire was not In the room
!. There we find him, decent