Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-03

the defendant as witness in this case upon
such testimony. His testimony has ELECTED the
admiration of all who heard it. He has given
his entire case into the hands of the people and
of this jury. He has not hestated to open up
the books of his office upon which this prosecu-
ton rests, A full presentation of all the facts
has been his defense. He has stated to YOU
every fact within his knowledge, and he has
sought TO conceal nothing. The whole case is
before you, and il proves beyond the possibility
of doubt that the charge contained in this in
dictment has no foundation in fact upon which
il may rest. l shall therefore place the destiny
of my client in your hands without worrying
your patience or taxing the patience OF this
Court any further. believe, sirs, that in your
hands the cause OF my clients safe, and in sub
hitting this cause to you, cannot bring myself
to fear the result, But | tremble lest some mis-
understanding might result in a disagreement
of this jury. Gentlemen of the jury, in this case
there is so much involved that | sincerely hope
that YOU win find a verdict. And | am sure
that verdict of not guilty i'll this case will
bring with it the congratulations and COM
lnendatious of Il grateful public-a public not
composed of the Controller and his clerks aud
deputies, and their special counsel, but en-
bracing the whole people of this common
wealth. l have made no endeavor 10 arouse
your passions in any manner in this trial
on the side of the defendant we have asked
only for fair and impartial determination
of the facts upon the evidence adduced. That
this is true, is shown by the manner in which
the defense has been conducted. You, gentle
men of the Jury have observed that we have
brought no weeping WHICH ana CHllOtSn TINS
Court room to draw upon the sympathy of those
whose duty it is To decide this cause. The wife
of the defendant, the partner of his life, has not
appeared i'll the presence OF TINS jury, and the
little girl whose destiny, to some extent, de
peGdS upon your decision, has not been here
She had q right to be here; and Mrs. Burns had
a right to be here. But they have not come.
Upon this verdict depends their future. They
have remained absent from this Court room by
the command of the husband and father, that
the memory of the child might not be filed with
the details OF this trial. By The command OF the
father the child has not been permitted to come
here to wiring tears from the eyes of this jury.
BY the request of the husband, in order that
justice might not be tempered with too much
mercy the wife has not been here 10 observe
this trial. But at the window of the home to-
night there sits woman with a faithful heart
waiting 10 receive the glad news OF verdict
which shall once more vindicate the integrity OF
the husband, and place the family upon that
social station to which she knows ii to be enti-
tied.
CONCLUDING REMARKS.
l thank you, gentlemen Of the jury. for the
patient manner Ill which you have listened 70
lne Who knows but that at some future time
an occasion may arise when You will he glad to
know that some friend of yours has been pa
tiently heard by twelve good and honorable
men. / submit this ease 10 you candidly believ-
ing that Will receive verdict Immediately
which shall vindicate the conduct OF my client;
and IT, on account OF the technical criticisms or
attempted aspcTsions made in the closing argu-
ment for the prosecution, you should for one mo-
ment waver from that strict path which leads to q
determination of this case without prejudice or
passion, ! ask YOU to pause and remember that
my voice has been forever silenced, so far as
this cause is concerned. that while the law
seeks TO throw every safeguard around the iu-
terests OF a defendant in a criminal case for
some strange and unaccountahle reason it has
given the prosecution the right TO the closing
argument; and | beg You, in the name OF hui.
mainly and Justice, that you will sit here
| calmly and dispassiOnately and listen to that
| argument, and if in it there is anything
said which is unjust 70 my client. that you viii
answer il for me and in your own minds. l
pray that you will treat Mr.. Burns with that
liberality and mercy to which citizen is en-
titled when he Is confronted by the whole
power of the commonwealth. | am satisfied
that you will be able conscientiously TO come
into this Courtroom with verdict of not
guilty. Glad tidipgs will be wired to the people
of the Pacific coast who will extend TO you
their congratulations for duty well. mercifully
and justly performed; and the angel that
writes down the transactions of Heaven will
record the everlasting approval of God Al
mighty for an act done in accordance with His
comprehensive mercy and mans justice. God
knows of Mr.. Burns innocence, I know it and
believe that You Go.
THE verdict of the jury-acquittal upon
the charge-has already been published in
these coiumns.l