The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-30

d.
Tree, fell down last year? I've been look
ing forit. Well, well How things change!"
He soon had the jury at ease. He took
phase after phase of the case. He would
give the Jury bite OF fact and bite OF
law at time and wait to see how they
took it. Iiany OF them manifested over
feeding and desire to ruminate,
he would pause and assist them in reduc.
ing the problem to simplicity. He would
render the most Opaque subject diaphonons.
He knew Just what the Jury could stand
and properly understand, and did not
crowd them. Any part OF Gen. Wrights
speech, taken by ITSELF was simple.
Taken as whole, it was logical, in
s!diously, irresistibly logical, and while
conviction, stranglcd doubt
He picked up from the byways and tow
paths OF the case points and circumstances
unobservod by others. lie worked and
kneaded these points and circumstances
into batteringrams wherewith he broke
down the walls OF opposition. He would
group cluster Of facts and convert them
into un ineligible mass when, prestol
from out the head Of chaos would spring q
Minerva of conviction full armored and
ready for battle. His concluding sentences
were startlingly vivid and sublime.
MALcoM II. PATTERSON.
In the afternoon Mr.. Malcolm II. Pat
terson took up the ease for the State aud
made the closing speech. Mr.. Patterson
made an exhaustive review Of the case.
lie was handicapped by personal feel
ing in the matter, which, while quicken
ing the energies, clouds the understand.
ing and lays an unnecessary burden and
restraint upon effort Mr.. Patterson had
attended school with the Corcorans and
was friendly to the family. lie was re-
tanned in the case and made senior coun-
sci. lie realized the responsibilities rest
ing upon him and prepared 10 make q
death struggle. His opening was cool
and deliberate, but he soon found that
the arts OF art could not restrain the fiery
impulses OF natural feeling when aroused
The rules Of schools and rhetoric give
laslng grace and finish to tho orator, but
the interchangeable human heart mus
guide aud form the impulses. lilo tried TO-
but could not help bounding into climaxe'
before the time; he tried tO, but could moi
help concluding sentences which should
have been calm and measured In explo'
sive orotund. His climaxos became les,
impressive through frequency, aud
when emphasis was sought cxhaus.
ton intercepted tho way. lie argued
the ease with mastery skill and
caused tho old lawyers for tho defense tC
move uncasily in their seats more than
once. Ills theory Of the shooting demon
strntcd by the clothing OF the deceased
and the incontroycrtiblo evidence oi the
bullet holes was very effective aud mos
skilliully put before the jury, and in clos
ing lac summoned mp a reserve force un'
drawn upon previously, and ended IN
pcroution OF singular beauty OF Language
and wealth Of Imagery
rIm CHANGE.
After Mr.. Patterson concluded his
speech the jury were instructed by IudgC
Dul Bose at considerable length, the time
consumed being forty-fve minutes. Tho
charge was listened to intenily by both
counsel and jury IL was OF the usual
character. and also incorporated the icatur
assault and battery. entering iuto driini'
ton as iollowG AN assault is an inien
tional attempt by violence to do an injury
tn another. The attcmpt must be inten
tional for II 1t can bc collected, notwith
standing appearances 10 thc contrary lha
there Is or was not present purpose 10 d'
injury, there IS no assault.
"No more words, how opprobrious $
ever thoy may be, viii justify an assault
hut n man may lawfully rcpcl force b
| force, but only % the extent necessary I
rcpcl tho force used against him and
protect himself from threatened and oiIerc
/ violence; unless the assault made upo
him be- 30 sudden, fierce and deadly th
lac NAV not in safety cease his repcllir
force, In which case lac may even folio
his amailinl until all reasonable dang
has ceased oven to the taking tho lie
his asmilant, always prosupposing th
tho deicndan, or defendants is In no iat
In producing tho reason or necessity
take lile.'
Coming on TO the general charge on e'
dcncc, the Court said. "Ihc Court charg
, YOU that II the proof show that the ,
. lnndant, ut the time of the alleged killir
, was police officer OF the city Of Momph
I or acting merely ~ private ciiilon,
! attempted TO arrest the deceased withou
! warrant, who was committing public
r fcnsc, or was threatening n breach Of
70 peace in his presence, aud II, after not
!. ol his intention toarrcst him, the doccaa
4 iorciby resisted tho defendant, then
n defendant could have used all the noe
i sary means 10 Affect his arrest, aud IN
a doing the deceased was killed, the hot
}. eide would be- iusiihablo. u, on the oil
!. hand. the deceased, undcr the citcu
stances, had resisted the defendant, q
after the resistance was over, and the
Ia ccssity for killing him had ceased, then
h the defendant killed him, the crime \
~ at least bc manslaughicr In this conn
4. ton the material question Tor your con.
: Grafton u, WIS the defendant, ~ ma Off
= or OF merely M n private cltizc, attempt
a 10 arrest the deceased for public ole
a committed, or a breach ol the pc
n threatened In his prcsoncC2 Did the
M | PENDANT give notice a. the deceased {
- such was his intention. or did he, In q
~ attempt 10 arrest himl II not, the acI
n killing him could not bo justified I'M
4 | such pleas, and YOU should disregard H.
i, bona ndc belief hy the defendant at
IA time that the dccratcl was In the cont
A. sion Of 4 violent felony that Is, that
80 was In the act " killing Policeman llol
ri or any other person then present, wi
\, could only be- prevented or arrested by
m death Of dccca,cd, Cufconn then, iu
is event, tho killing would be cXcus.
~ homicide. Lawful resistance 10 the G
,n mission ui public olcnso may be mad'
ma the iiaily about g. bc injured. or 10y 9th
80 any other rufson Ia all or dclcns
thc nufslr about 10 be Injured, may NJ
Trsseuse tgi!ia.rUt 10 prevent the
,'' lruse, nnd a person thus &C
ict ufut L. excused unnn well CrOun
,u apprhcus pns, o. tn . case Of seli-deic
up II "a unc. we'll gtoanded belief Oh
go i1iciblc i,Iony y ahort 20 be oommi