Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-05-08
plead justifiable homicide. The defend
ant stated that il he hit McWeenev in the

Us
Can the court take notice Of such fun
as that mentioned by the defendant
when he says it was all done in fun?
Suppose McWeeney had shot Oswald
and killed him, would that be homicide
MIR. Erwin claimed that he was not
bound to take the testimony alone Of
the defendant. 1t is the disputed facts,
and not the persons who dispute them.
In criminal case where there is one
scintilla Of evidence tending to prove =
fact, the defendant is entitled to trial
| by jury of his peers. 1t would be n
great error for the court to take this
case from the jury. The facts in the
Stotier case were not the same as in this.
In the StofIer case the defendant met
the deceased on the street and attacked
him and then intended to kill him, but
he changed his mind and retreated. He
was pursued by the deceased and he
then turned and killed him. The de.
fcndant pleaded justifable homicide and
the court sat down upon him as It
should.
At the conclusion Of the argument
the court ordered the jury to be brought
in; and stated that counsel should pro-
ceed with the arguments, and that il he
decided to do so he would take the case
from the jury at the proper time.
MIR. McGee then commenced the first
OF the closing arguments to the Jury.
He said he had come now to the last
duty he had to perform in this case. He
characterized it as a most brutal MUIR
der; rccitcd the story Of it in a general
way and commented freely upon the
testimony. Said the witness DR.. O'Don-
nell had been of the same opinion us
Drs. Ellis and Rugcr, who were his asso-
GATES in the first autopsy, until about u
month ago, when he suddenly changed
his mind ~ to the primary cause of
death, that is that the bullet did not pen
citrate the heart, but passed under It to-
wards the back and down into the right
glutcal region and passed out at the
wound ut the back. He charged that
Dir. ODonnell has been bought by the
defense and is to receive $25 per day Of
the, defendants money. He claimed
that an example should be made of the
defendant, not because il was Oswald,
but because the law should I've upheld
and such crime should be punished.
/ Mr.: McGce was followed by Judge j.
| +. OBricn who contended that the jury
was not here for the purpose OF making
an example, b,:t Of deciding whether or
not the defendant WAS guilty OF the
charge set forth in the Indictment. The
jury must consider only the evidence
before them and decide whether or not
the defendant was justified III his act.
He claimed that the defendant was
simply celebrating the day, which WAS
the occasion Of an old settlers reunion
! and that it was not very unusual thing
for the citizens to celebrate in this way.
Hc stated that his theory Of the affair
was that the first cause of tho trouble
arose from the response made by Nc
Wecney and that it was false pride on
Patrick McWeeney's part. You will
have to decide whether death resulted
from the pistol shot, or whether it WAS
not from disease.
|, Mr.. Erwin then made the closing ar.
T gumcnt on the part Of the defense. He
commenced by thanking the court for
the way in which courtesy had been ex-
tended. He invoked heaven TO guide
him in placing before the jury the facts
and fallacies for the purpose Of doing
Justice to his client, and not for the pur-
pose of befogging the minds Of the ju-
rors. The law presumes a man to be in.
noccnt until he is proven guilty and it
is the duty Of the prosecution 10 prove
exactly and in every particular each Oh
legation mentioned in the indictment.
1t is the man well acquainted with the
science of medicine to whom we entrust
our sick wives and children. give you
my word Of honor as gentleman that
before came into this case did not
know what the ascending and descending
vena cava were. Tell me why the Al
mighty God could not have burst the wall
Of the heart Of Patrick McWeeney
The prosecution told you that the ball
which entered the chest went IN perpen.
diculnrIy; they have not changed that.
With ,jinglcd, heeled-bound laughter
and boyisll enthusiasm described 70 you
Il pistol held in the hand at an angle of
forty five degrees. II that ball had pen.
etratcd the heart the blood would have
, spurtcd out of McWeeney's mouth; but
we dare not touch upon it in tn. hear
ing Of the prosecution, else Daniel Blue
. would have come in and sworn that il
did. But Daniel Blues mouth is now
closed. Mr.. Erwin charged that at on.
time Daniel Blue would tell one story,
and at another time another story; and
and then dig in the night time for new
facts. The evidence shows that death
was the result Of hemorrhage, caused
by Il bursting of the walls which was not
caused by Il pistol shot. The other
branch of this defense was willingly
placed at the disposition of the jury's
manhood and reason. In some inslan.
ces a man is justified in taking life, and
will give you an example of it. Ii
draw my pistol from my pocket and say
"Elliott | am going TO shoot you,;; and
point the pistol at you and snap it, but
before it goes off you apprehend that
am going to shoot you and you quickly
If you believed you were in great bodily
danger, as you must have been, you
would have been justified in killing me.
A saloon is no place for men to go with
their characters buttoned up under
their coats. 1t is where men meet men.
1t is where they 20 to exchange courtesy
and drink and have good time. II
: you knew Patsy McWeeney you know
that he knew what pistol was. He
took advantage of the first offer to have
Il fight with the man with pistol in his
hand. Your community can gain moth
ing by stringing up the survivor of an
affair Of this kind. We have resorted
to no means to delay an investigation Of
this matter, and gentlemen of the jury,
we have no fear Of being disappointed.
The people of this community have no
fear Of disappointment. We want your
4 Inv oS