Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1889-09-24
DUNCAN CONVICTED.
A Sabbath Days Verdict Of 8
Years for Manslaughter.

well defended by three of the best
lawyers OF the local bar an the
speeches on both sides of the case
were the best heard here since the
celebrated Radford trial of some
years ago.
Judge Jno. W. Mcpherson made
the first speech for the defense on
Thursday, making q strong and very
able presentation Of the facts as
viewed from his clients standpoint.
Col. A. FL. Clark followed for the
prosecution and his discussion Of the
evidence was mastery and convinc-
ing.
On Thursday morning Mr.. G. Fl.
Bush made an eloquent and forcible
speech in Duucan's behalf. His treat
ment of the facts was in his best
style of oratory and logical reasoning
and his effort was one that adted
much to his reputation as lawyer
and speaker.
He was followed by County At
torney Jno. w. Payne, who spoke
for an hour and a half and made
clear and lucid argument and q
strong appeal for unfolding the law
and Furnishing the prisoner.
In the afternoon Hon. Jas. Breath
lit closed the case for the defense in
an address of three and half hours.
1t was the finest speech this eloquent
young orator has ever made at the
bar, according to the opinion of those
who were so fortunate as TO hear
him. Every point and detail in the
evidence favorable to his client was
touched upon and the facts eloquent
ly and forcibly presented. So plainly
did he present the theory of his side,
that the killing was done by Duncan
| in self-defense, that it was believed
by most of those who heard him that
the best the prosecution could hope
for would be hung jury. He closed
late in the afternoon and interest In
the case became more intense as the
trial drew nearer TO the end.
Saturday morning presented Q
gloomy outlook for Duncan. Pale
and nervous he had sat through
twelve hours of speaking. 1t wal
evident that the case had assumed
more serious aspect than he had an
ticipated. Soon after the killing
occurred young Duncan had beef
tried before the County Judge and il
the light of the evidence then at hant
had been released on the ground o
self-defense. He remained at HON
with nothing to restrain him If h
had desired to leave, but when tn
grand jury met tie following mont
the public was surprised to hea
that Duncan had been indicted TO
murder. He employed the best o
counsel and undoubtedly expecte'
to be acquitted, but there was al
ordeal through which he had to pas
that he reckoned upon too lightly
As he came into court Saturday NOR
ming he was i'll at ease, for 1t had be
come noised abroad that Common
wealth's Attorney Garnett, irritate
and aroused by such determined an
prolonged speech.making, was plum
ing himself for one of his grandet
Z efforts. He began early, but crow
was already on hand. AS soon as
became known outside that he ha
begun his speech, rush was mad
, for the Court House and the rooi
was filled in few minutes. As th
I orator warmed up and his powerft
y voice was heard out on the street
the aisles became packed by the IL
coming throng and even the gallerit
were filled with eager listeners. III
morning passed away and four tint
q the clock in the tower struck the pas
I Ing hour, but the orator still held Ii
n audience las tho riveted to thei
seats until long past the dinner bou
q and when he closed 1t was almoi
n one o'clock. He reviewed the car
in all its details, showing the motiv
the planning and the successful 81
I ecuiion of what he pronounced a d
abolical murder. He was by turf
argumentative, denunciatory an
Q sublimely eloquent. His power
, description was never better di
{ played than in picturing the stall
bling of Fleming, and in closing b
: terrific and intensely dramatic appei
Q surpassed anything of the kind eve
A heard In the Court House. 1t Wa
I convincing and convicting. ii
|. carried not only the jury but III
8 auditors with him and reused th
9 listeners 10 indignation as he viyidl
3 portrayed the crime for which h
I asked the conviction of the no'
|, trembling prisoner. The speech wa
8 Mr.. Garnett's best effort at this ba
and emphasized the already estat
lished fact that he has but few If an
equals in forensic oratory In th
State of Kentucky.
The jury took the case in the aftel
noon and remained together unit
10 o'clock Sunday morning, whe
= they agreed upon a verdict fndin
. Duncan guilty of granddaughter an
fixing his punishment at 8 years !
the penitentiary.