Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-10-17

John N Jones was the only witness ex-
amined BY the defense in the Dimmey muir
der trial Yesterday. He testified to seeing
Officer Miller raise his hand as though to
strike Dimmey, and also to seeing the flash
of Miller's revolver before he (Miller) was
shot. The testimony of Lewis Campbell,
given at the last trial, was read. 1t said
that witness saw big lump on Dimmey's
head just alter he was brOugh: to Jail.
In the afternoon the attorneys addressed
the jury. John S. Robb, for the Common
wealth, reviewed the testimony and asked
for verdict of murder in the first degree. He
said that Dimmey knew perfectly well what he
was doing when he shot Miller, and was bent
on mischief. He was not only ready and will
ing to sacrifice one life, but three.
William Reardon followed for the defense.
He asked for a verdict in the second degree,
claiming that the prosecution had not proved
anv premeditation on the part of Dimmey and
LAYING stress on the statement that there had
been struggle. and that Officer Miller was
much bigger man than Dimmey. Thomas NJ
Marshall, ST.. followed for the defense. HIS
argument was on the same lines as that of Mr.
Reardon, and he hoped the jury would not
bring in verdict of guilty.
In beginning his address, District Attorney
Porter said that MIR. Marshall had made mis-
leading reference to a case which was not
parallel to the Dimmey case. He wanted to
read the rulings on the case referred to but the
court said IL would be useless, as the jury did
not pay any attention to the law read. Then"
rejoined Mr.. Porter, they should pay great
deal less attention. to such loose remarks as have
been made here" Continuing, he said
that after the manner in which the
prosecution from Chief Justice Agnew
down to Officer Paddy Fitzgerald,
had been abused he felt like refuting It. Mr..
81, =
nected with the prosecution of man for muir
der. Mr.. Porter read a record from the Su-
preme Court in which I. NJ Marshall was con-
nected with counsel for the Commonwealth.
Mr.. Marshall was not in the room when this
was read. but his son. Thomas NJ. Marshall, Jr.,
arose and said that the records. as read by Mr..
Porter lied. and that his father was not coun-
sci in the case referred TO. Mr.. Porter replied
that he would not argue the matter. but that
when any man asserted that he had violated
his official oath. as had been done, such man
ought at least TO know what that oath is.
After this little furry. Mr. Porter continued
his address to the jury. He made Miller's
diving statement the chief point in the case. 1t
was. THE Niger shot me. l told him to go
home, and he pulled out gun and shot me. l
was about four steps away" He also laid
stress on the fact that Dimmey had shot twice
at Officer Fitzgerald and asked for a verdict in
accordance with the facts he had presented,
When court reconTened in the evening Judge
W hlte proceeded to instruct the Jury in their
duties and delivered his charge. The attorneys
for the defense had presented number of
questions or points to the Court which he
answered and explained to the jury. These
were the main points that the defense had
brought out in the trial, and the explana-
tons by Judge White were intended
TO add emphasis to their importance,
The Judge explained and defined the several
degrees Of homicide and then made the charge
as to facts. He said there were two facts ad-
mitted by the defense. First, that Miller came
TO his death from a pistol shot, inflicted Sep
tember 4, 1857. Second, that the shot was fired
from pistol in the hands of Dimmey He
said that the arguments presented did not
claim that the defendant was not guilty. but
that he was only guilty of manslaughter, or at
least he was not guilty of murder in the first
degree. An assault on an officer of the law in
the discharge of his duties is a greater
crime than a similar assault on a private citi-
zen. The question for the jury to decide was
whether there had been fight between Miller
and Dimmey or not at the time of the shooting,
and they must also consider the attempts of
the latter to get away after the shooting. The
charge was impartial to either side. At $50
O'Clock the jury retired. and half an hour later
they returned verdict of murder in the Sec
ond degree and were discharged.
The defense say they are well satisfied with
the verdict Tie penalty is any term of i'm
prsonment under L years. Dimmey will prob
ably be sentenced Saturday.