The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1888-03-22
TALLY SHEET TRIAL.
Hon. John Mcsweeney's Closing
Argument for the Defense
q Msgniacent oratorical Display by This
LEARNED aentleman---A Vast Crowd
in Attendance to Hear His
Ringing Eloquence.

COLUMBUS, MdlCh TO- "NP m,
man closed his argument IN the tally
sheet trial at quarter past ten yester,
day morning, having spoken TWO hQuIa
and half. He made the polnG Cnat
7While the fact of an opportuhlEy W
commit a crime ought not W 4SUf tSot
weight when the jury was satlsllea VIaS 1i5
the person having the opportunity uI.' |
not commit the crime, yeE II Cief "oIo
porunity was entitled 10 consloe,le evio
In closing. Judge Thurman referred
10 the effort which counsel for the
defense had made to make it appear
fbat the prosecution was directed
"Taipst the Democratic party. lie
denied that this was true. Ii the
charges of.forging election returns were
Toads AGAINST the Democratic party, ne
wOnld take his place by the slde OF MI.
COnverse. and most emphatically enter
a nIea of not guilty. 1t was not the
Oemocratic party which had committed
4be crime. He quoted with approval
fhe eynressiOn of Mr.. Converse that
fbera we're bad men in both parties,
Tba following were the closing words
of Judge Thurman's argument; 40
honor to the party to which have be,
Ionped more than sixty years, Tor L
hegsn % when | was child; this party
which has done so much good for me
and which l have conscientlously be-
lieVed in; which has its faults as all
,Darties have had; which wrong mas
bean sometimes as all parties have been
yvrong hut in which have believed, 10
which my faith has been pledged ana
mas been kept. do want that party III
80, 4%o CONG down of the sun of my life,
when | shall look for the last time
y,broad on the earth, l do want TO see
Shat.narty still standing, still honOreq
aud still deserving the good Will and
blindness and support OF all fellow
Nv the time Judge Thurman closed,
an immense crowd had gatheredsin the
court room.
MIR. MswEENEY's ARGUMENT.
Mr.. McSweeney next addressed the
iurv and with the simple expression,
awithout word of prelude | approach
-Tha discussion of this case," he began
She closing argument for the defense In
This celebrated and historic case. lie
N,r0ceeded to explain the difference be,
tween the trial of civil and criminal
e,asps In the one case prepOnderance
OF evidence decided, in the other there
must not only be preponderance OF
evidence, but such proof as to leave no
reasonable doubt. He emphasized the
fact of the presumption OF innocence,
which he said was not merely prellml-
nary but accompanied the evidence
.+hr0rlgh the whole case from beginning
70 end Whenever jury considered a
question about which there was any
reasonable doubt, the presumption OF
;nnocpnce should prevail. These points
Mr., McSweeney stated in the clearest
and most forcible manner possible, and
adorned with many beautiful lllustra-
fjOns. His argument until noon con
sisted almost entirely of an exposition
OF the nature of the proof in criminal
cases.
AFTERNOON SESSION.
The largest crowd which has been
-nresent at any time during the trial,
was AT the Court House when court
convened at p. m. All the available
.snace was occupied and standing room
Was Aft a premium. An unusually large
number of ladies favored the occasion
vVitb their presence. In fact there was
.such an audience as would have been a
compliment to any speaker, and an IN
.Sniratiop for him to do his best.
Mr. McSweeney took up the history
.af the forgery. When the sun went
down on Thursday night, there was no
question raised as to the vote IN Frank
din county. The Fourth and Thirteenth
Wards are at last reached on Saturday
Mr., McSweeney then read the statute
recurring the signing of poll books ana
Aally-sheets, and also the statutory reg
yyIations as to the care Of the ballot-Dox
after election day. ~
he emphasized the point that the
gaW said that the poll-bOoks must DE
signed He drew distinction between
fhe duties of the returning board, and
the rights of a candidate under con-
test. r1.o
Mr.. McSweeney then scored Judge
Nash for saying it was bad to advocate
the refusal to grant election certliicates
.ysn account of the returns being unslgn'
aed. as to forge a tally sheet. lie de-
nounced Judge Nash for his .protes,
Sions of friendship to the defendant
while he was doing his best to senc
MIN to the penitentiary. lie SAID ht
qnentioned it to show the malice Whlcl
Lbubbled forth through all the NANTES
tations of friendship. Continuing
Mr., McSweeney showed that canvass
ing boards had no judicial power
could not take testimony and iind Ou'
the true state of the vote. rms was
reserved for a contest in the courts.
Mr.. McSWeeney said that when Judge
Nash talked about Mr.. Montgomery
and his gang upon this question O
throwing out unsigned returns, he aC
tackled men who would outweigh MN
in the scales of responsibility. lie rid
iculcd in a very effective manner I'M
statement of Judge Nash thaC mel
had such a poor opinion of Judge Ihur
man as to think he would presume u
advise Squire Martin as to his duty a
a member of the canvassing boarC
He had thought that it was an lndlca
ton of the great respect entertalne
for Judge Thurman by the members 0
his own party. Mr.. McSweeney tne
took up the alleged attempt to 0rlD
Squire Martin by Ike Hill, and maze
the subject of an apparently ineXhaus
able fund of wit and humor. Hepoln
ed out the fact that the Squire Martl
transaction placed Mr.. Joyce in ratl
.er peculiar position. He said it too
two members of the canyassing boar
to throw out the returns, and no on
ever accused Mr.. Fritchy, the Republ
can member, of voting to throw thel
out.
Mr.. McSweeney then went on to pr
sent the case which might have bee
made against Mr.. Joyce. He said tn
he did not want to cast any imputatlc
upon Mr.. Joyce, but merely wanted
show how he might have been made
quake, if malice had seen fit to inaug
rate prosecution against him, N
McSweeney took up. the fact OF N