Omaha daily bee., 1889-02-24
LARRABEE'STRIaL
Judge Cole Sums Up tho Case For
the Defense.
D SENSATIONAL FEATURES.
An Extraordinary Interest Taken In
the Case by the Wife of
Former Grecnback
Congressman.


will Rest the Case.
DEs MONIES, la, Feb. 23.-ISpccial Tele'
gram to TuE BEE The trial of Governor
Larrabcc developed no very startling or
sensational features to-day, since the con.
clusion was not reached, As usual, the
court room was crowded. The governor
was not present at all to-day, but Mrs,
Turncy and Mrs. Gillette, her valiant cham
pion, were in court the whole day. Mrs.
Gillette, who is the wife Of former green.
back CONGRESSMAN from this district, has
become so thoroughly absorbed in the case
from her sympathetic interest with Mrs.
TurnCy and her boy that she makes the case
her w.t., and could rot be more concerned II
she were herself the aggricvcd party. She
sits near the counsel for the state and
offers suggestions from timc to time as to
the conduct of the case. Her heart is all
wrapped up in 1t, and she believes that u
great wrong has been done to Chester Turner
and his mother. Her sympathy is SO deeply
stirred that she can hardly control her feel
ings at times, and when on the witness
stand to-day as the principal witness for
the state. She showed great feeling and her
eyes filled with tears mt times as she spoke
OF what she considered the great Injustice
that had been done to the young man and
his mother. Her testimony was confined to
showing what passed between her and the
governor when she HAD appeared to ask him
for the pardon of young Turner, or to know
in what way his pardon could be secured.
The state failed to show that the governor
displayed any malice or ill-will toward Mrs.
Turney. Mrs. Gillette said that in response
TO n remark she had made that Chester Tur-
ney was a good boy, the governor had re-
piled: HE has his mothers temper Mrs.
Gillette responded to the governor! ~ should
hate TO have my hoy sent TO prison for seven
teen years for having his mothers temper
Mrs. Turncy herself was put on the stand
only TO be identified.
Nothing especially notable was obtained
from the other witnesses for the state and ut
about half-past II Judge Cole, for the de-
Tense, moved that the court now instruct the
jury to bring In a verdict for the defendant
on the grounds, first, that the publication is
one of absolute privilege, since the governor,
III detcrming the granting or rcfu-
sal pardOns, acts judictally upon his
discretion secondly, if not one of absolute
privilege it is one of qualified privilege, and
there is here no proof of malice; third, there
is no sufficient evidence to sustain a verdict
for the state. He argued the law of privi-
legged communications, which he defined and
classified, claiming that the publication of
records is u matter of the highest privilege.
The governors prcrogative of pardouing is
essentially Judicial. 1T is the highest type OF
judicial action. He quoted authorities show
ing that Il judge must not be subject 10 con-
straint or prosecution to influence his action.
His right to declare what is before him Is a
matter of absolute privilege. II
to criminal prosecution or
civil action for so doing. his
freedom of action would be destroyed. No
would dare to show to either party
in "A pardon case the papers OF the case; for
showing to one is publication, the same as
printing and circulating. William Larrabce
Is vested with the pardOning power, not for
his own benefit, but for the safety of the
people. To subject him to prosecution would
be to limit and destroy in him Il right of the
people. These statements, signed by many
MoineS people, who have evidently
little direct knowledge of the case, are put
before the governor. He has the right to
that other and contrary papers.are before
The people have a right TO know what
papers are before the governor in n pardon
case, and in all this mass of testimony there
is not ii ~scIntilla of proof OF anything but the
Sindest feeling on the part OF the governor
toward Mrs. Turney. Both Sides, said Judge
Cole, will agree that she was always kindly,
treated by him.
Judge Cole resumed his argument after
Inner, and Judge Bancroft, for the state,
desired the court first to pass uro' The ques,
ton, whether, if this a matter .. absolute
an instruction 10 the jury can be
made. they being judges of both the law and
he facts. The question is whether the court,
II the face OF this law, can take from the jury
Doth of these functions which the law vests
hem with. He submitted to the court
the letter and spirit of the law
would be observed by the court assuming tho
which the law gave to thc jury.
The court held this view of the case, ana
therefore, overruled the motion to instruct
he Jury without further argument. The de-
cnsc then announced that it would present
10 witnesses, but rest the case where the
had loft it. Adjournment was
hen taken till Monday, when arguments to
he Jury will be begun and Il verdict will
probably be cached that day.