St. Paul daily globe., 1886-05-06
GIVEN TO THE JURY.
Arguments Ended in the Oswald Murder
Case and the Jury Expected
to Disagree.
Nothing Very Satisfying Done at Sioux
Falls by the Constitutional
Convention.
A Farmer Living Near Flandrau Cuts
His Wife's Throat and Then
His own.
Tom Gleason Sent Up for Grand
Larceny--Robbers in Limbo
at Bismarck.
The Oswald Murder Trial.

Special to the Globe.
DEVILS LAKE, May 5.-When both
sides closed the evidence in the Oswald
case this afternoon, the prosecution hurled
bomb shell into the camp of the defense,
making a motion that the court take the
case from the jury except as to the grade
of the crime, whether it be murder or man
slaughter in the first degree. 1t was de-
cided to proceed to the discussion at once,
and the jury was requested to retire. j. L.
McGee opened the argument for the prose-
cutiOn on the motion. He said self-de-
Tense couldn't be claimed in this case, as
the defense by the testimony of the defend
ant himself admits an assault upon Me-
Weeney, striking him ill the face with
his pistol even while McWeeney was
protesting against being called an oppro-
biOuS name, that McWeeney retaliated by
knocking Oswald down. and Oswald i'm
mediately killed McWeeney. Counsel
read at length from books in support OF
their claim. Mr.. Erwin for the defense,
stated that under our code homicide was
either justiiiable or eXcusable. Referring
to the Gay case, cited by the prosecution,
Erwin said the court very properly took the
case from the jury, because the defense
made was absolutely absurd and ridiculous.
The Oswald case he urged. was entirely
unlike the Gay case. At this point the
judge remarked that he was satisfied there
was no eXcuSable homicide i'll the Oswald
case. The only question was whether it
was justifiable homicide. The court didn't
desire to usurp
THE POWERS OF THE JURY,
but directed Erwin to confine his argument
to the question of justitiabe homicide.
| Erwin then went into an arUUment on the
question as outlined by the court. He said
he was not bound to take the defendants
statement in regard to hitting McWeen
with his pistol. Defendant might be mis-
taken. Counsel claimed justitiable homi-
eide. AT the conclusion of the argument
the court ordered, the jury brought III, and
stated that he would hear the arguments
and he would decide on the motion of the
| prosecution at the proper time. Mr.
McGee then opened for the prosecution
and made vigorous argument. He as
| serted that O'Donnell, the medical expert
was relied upon by the defense, and said the
witness was receiving S25 per day of
Oswald's money, He asked the jury to see
that the law was obeyed in regard to mur-
! der, that killing be punished and the peace
and dignity of the community be yindicated.
Judge James f. O'Brien followed for the
defense, and asked the jury not to forget
that they were not trying any other case,
but were simply to decide whether or not
McWeeney'S death was the result of pre-
meditation or whether the killing was juSti-
! fable. Erwin closed for the defense in one
of his peculiarly brilliant efforts and Col.
Warner will close the case. which will not
be given to the jury before midnight. A
disagreement is generally predicted.