The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-06-21
In THE JURY'S HANDS.
CLOSING SCENES IN THE MOORE
MURDER TRIAL.
Attorney-General Peters Great Sum-
ming-Up Argument for the State--A
Chain OF Evidence That Is Likely to
Throttle Two Of the Accused.

Col. George CAN'T, rs usual, was eloquent,
impressive, forcible and as logical as it was
possible TO be under the circumstances, but
il was impossible 10 build up even a plausi-
BILE defense, except rs TO lilly in the, face of
the damning testimony against the accused.
Attorncy.General Peters, who followed
Col. Can't, rose fully TO the requirements of
the occasion and made an argument that is
sure TO tell against the accused II the jury
are honest and conscientious men. lie tore
the theory Of the defense into tatters and
link by link wrought chain Of evidence
against the prisoners that ought to strangle
them. The APPEAL regrets that II cannot
give the argument in full, but will endeayor
to reproduce some OF the striking and unan-
swerable points made.
First, as to the shooting. II is not denied,
argued the attorney general, that MCGOWAN
fired the fatal shot. He claims il was done
in self-defense. Let us sec how that accords
with the physical facts in the case taken in
connection with the defendants own adj
missions. MCGOWAN says Moore fred at him
and that he returned Moore's fire, firing but
one shot All the witnesses agree that four
shots were fired The theory OF the State is
that Moore fired no shot at all, and had no
pistol. Four shots are accounted for. Three
lodged in the wood work OF the boat, one in
Martin Moores body, and II Martin Moore
had been where defendants located him he
could not have fired so as 10 send the bullets
In the direction where they lodged.
Another point. The defendants In their
patched up story, In every feature of which
they agree swear that Moore pursued
Reeves into the engine-room and there fired at
him. That's palpable falsehood, for the
engine room Is small aud contracted. and II
shot had been fired there by Moore, IL
would either have lodged In the body OF one
OF the combatants or some where in the
wooden walls or floor. But the closest cx-
animation fails 20 reveal any mark OF such a
shot, and you may rely upon II, The de-
PENDANTS would have found the trace Of a
bullet In the walls II there had been one.
But no, they couldn't find what never ex-
listed. Moore fired no shot In that engine
room nor elsewhere. There was a shot fired
during the desperate struggle In the engine.
room but Moore did not fire H. MCGOWAN
fired IT, and the ball lodged In the murdered
mans body, where II still remains.
"All the witnesses for the defense agree that
there was one shot fired in the engine-room.
The State does not deny II. The State Is con.
WINGED Of It's truth, but MCGOWAN, and moi
Moore, fired H. and he stood within six
inches Of his victims body when he sent the
| leadcn messenger OF death on its crrand.
The powder.burns on Moores coat, inside and
out prove this 10 a mathematical certainty
Ii could not have been done nj fifteen feet
or at ten, or at one foot distance; II wa,
closer than that, six inches say the experts
and II may be that the muzzlc was pressed
| against the very body Of the murdered man.
| NtntnnQl oa la hU IillaN an .1laf..s.
peaccmaker.
Another damaging fact against MCGOWAN
Why did he throw his pistol into the river
ns he himself admits7 Il that the act OF NJ
innocent man7 n he had nrct
but one shot n he claimed would he no
have cherished that witness 20 his Innocence
No, that pistol could probably throw ligh
rs 20 whose pistol fired all Of the shots an,
| for that reason wns buried outof sight Ia tn
deep waters Of the Mississippi.
Another point against the probability o
/ the story put up by the defendants. Thel
say Moore abused and cursed MCGOWAN. tina
Reeves iniercedcd In behalf OF the one-nrme,
man; that Moore then turned upon Reeves
cursed him and drawing a pistol struck a
Reeves with g. that Reeves rctrcatcd; tina
| Moore then turned AGAIN and fired nj Nc
Cowan without further proyocation; tina
MCGOWAN returned Moore's fire and tina
Moore, instead Of firing back ht MCGOWAN
turned upon Reeves, who had not attacked
him, and fired upon him. Did you. gen
i tlcmen OF the jury, ever hear Of sucl
a tissue Of absurd improbabiliticsf McCowaI
fires at Moore, and Moore, instead Of conin
ing his attention b. thc'point where be was be
ing attacked, and where any reasonable maj
would look for further hostilities, deliberate
| ly turns and fires at Reeves, who had commit
| ted no overt act Of hostility. No sane maj
would have acted 20 under similar circum
stances. Neither did Moore. That storl
was fred up because both Reeves and Me
/ Cowan, 20 save their necks must show NJ
| overt act, on the dead mans part, 20 justin
| the belief that they wcro In mortal danger
II they had sworn that he fired at McCowai
alone. Reeves neck would be In danger; {
they swore that he fred at Reeves alone
McCowan's neck would be In danger. 10
In order 10 furnish n theory that woul,
cover them both, they swore that lac fred a
them both. 30 much for MCGOWAN, now fo
Reeves.
| "Rccycs had no business on that boat afiei
| ho was ordered Off lie cannot shield him
self by claiminga partners interest 10 jus
/ tify his remaining on board a. MCGOWAN did
lie was there for mischief. lie swoars tina
after Moore fired nj him he ran towards th'
ongine-room, and while on his way rcaohet
under the counter, not knowing what HI
1
/ knife that did the deadly work. How DID
lac know the knife was there. The proof u
that its accustomed place was on the othe
side OF the counter. by what course o.
diyinatlon did he discover the knife wa
thcrc7 But let us follow him into the engine
room. What occurred thcrc7 Fortunately
for the cause of truth and justice, we have
witness here that speaks with counties
tongues. Here the encouragement wake,
over 10 the clothicr's dummy, around which
the murdered mans shirt, coat, pants an,
vest were EMBODIED. Eight rents were IN th,
back and neck Of the coat and one powder
burnt bullet hole In front near the left-han,
side pocket. These. with the white shir
saturated with blood, presented a ghasuy
spcciaclc.p
"IIcrc," sald tho attomey-gcnerai, lis
witness that can't lie. No one will dispute
H. truth or accuracy. These holes can't lie
They extend from the neck 10 the lower ex
trcmc Of the coat Some arc mare surface
rents; Others ~ through the lining and lool
~ II the knife had been dug into them b,
steady and persistent pressure. You viii
also remember that the dead man had tire
deep cuts on tho back Of his head near N,
left ear. Does that look like self defense
II you heard a cry Of alarm from your neigh
boris house al midnight and caught n man Il
the act Of running away from ~ and u, OF
hurrying 10 your ncighbor's house, you
found him weltcring IN bis blood from
wound In his back, and the prisoner said. &"
did u IN self defense" would you bcliev
biml No one wonders NJ the plea Of sclf de
fensc advanced by the prisoners. Men oi
trial for their lives will swear 10 anything
but here Il evidence that utterly rcpudlatc
| the theory that Reeves acted In aaif defense