Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-22

The Criminal Court was again occupied
YESTERDAY with the Smith murder trial. By
IL o'clock the evidence was all in, and the
arguments to the jury were begun. Mr..
Aarron opened ND for the defense and
argued that the prisoner was irresponsible be-
cause of intOxication and being jealousy in
sane.
Thomas M. Marshall, Esq, followed and
made one of his characteristic arguments, ap-
lDealiug to the sympathy of the jurors for an
irresponsible and ignorant colored man. As
usual Mr.. Marshall berated the police reporters
and almost everybody else, who, he SAID, were
eager for the prisoners life. Mr.. Marshall
wished he was judge just for one day, and the
first policeman who came before him
he would SEND to Jail. MI. Marshall
then drew a vivid word picture OF the
execution of the prisoner with the
District Attorney, Sheriff and reporters, with
bulging eyes watching every wriggle of the
unfortunate man, and detailed his every action
SO that they could herald 1t to gasplng pubhc
and sell more extras.
THE STATES PRESENTATION.
District Attorney Porter then took the jury,
beginning his argument at 30 and closing at
$50 Mr. Porter began his argument by stat
ing that if ever there was a clear
case Of first degree murder the one
1ust finished was a case of that kind. The
District Attorney then took up the testimony
of the witnesses, one at a time and argued on
them at great length, paving particular atten-
tion to the testimony of Mr.. Bagby, Detectives
Coulson. Fitzgerald and Robinson, regarding
the statements made by the prisoner TO
them and to the prisoners declaration to Mr..
Bagby. that Allegheny county juries did not
hang men nowadays. The prisoner was classi-
fed as a coward, who coolly and deliberately
murdered his wife while she slept, sending her
to the repose of death without moments
warning, or without time to utter prayer.
The theory of insanity, because the man at
tempted suicide, Mr.. Porter said, was without
sense. The securing of the whisky day or two
before the murder was nothing more nor less
than the getting ready of defense. Great
stress was laid on the alleged utterance of the
prisoner, II an not afraid of being hanged;
they are not hanging anybody in Allegheny
county any more. They might send me to the
penitentiary for awhile" The Jury was asked
to not so subscribe to such utterances. A recess
was then taken until o'clock
JUDGE WHITES CHARGE.
Att o'clock court opened again. and Judge
White charged the jury. 1t occupied more
than an hours time and was very exhaustive,
containing the main points of the testimony
and the conclusions the jury could be expected
TO draw from it.
Judge White said the duty of jurors was an
unpleasant one when sitting on murder trial,
and no man of sensibilities desired to pass on a
mans guilt. 1t was just as unpleasant
for the Court The responsibility of the
jury was great but that OF the
Court was greater. Both are acting
under oath. Care should be taken in extend
ing sympathy. The CommonWealth did not
seek the blood nor the wealth Of any citizen,
but it is duty to see that the laws are kept for
the protection of society. Thoughtful consid-
GRAFTON should at all times be given. The jury
is to find true verdict according to the evil
dence, and the Court to assist them in under
standing the law. The verdict is not what
sends man to the gallows, but the sentence of
the Court
The Commonwealth is expected to establish
the guilt of the accused beyond a reasonable
doubt The latter might arise from contradic-
tory or inconsistent evidence. and so the
reasonable doubt must be a substantial one.
Formerly the law of this State was the same as
that of England, and man found guilty of
murder had no appeal, but now he can appeal
TO the Supreme Court and find his remedy
there.
The law on murder passed in 1874, has been
argued in hundreds of cases before the Su-
preme Court and discussed by the ablest law
yers, but it has never been repealed or abro-
gated
A FIRST DEGREE CHARGE.
The testimony OF the case was then reviewed
by the Court, when he said: You are the ex-
elusive judges of what the testimony is. Six
witnesses testified 70 Smiths admissions to
killing his wife, which is amply
sufficient to cause a verdict of
first degree Other witnesses testified to his
excessive drinking, and still others to his gen
eral peaceIul cnaracuer. AS 10 bne QefenQants
own testimony that he did not know what had
occurred during the night-you may also take
that into consideration
Then the law as applied to this case in par
ticular was clearly propounded at some length,
and in Judge Whites opinion the defendant
was not more ignorant than the ordinary
colored man of his class. If jeal ousy caused
him TO commit the deed it was not sufficient
excuse and by continuing to live with her
after he secured the letters offered in evidence
he condoned her Offense, if it was really an
oHense.
As for drinking being an excuse for murder.
Judge White thought it a bad excuse and said
Murders would multiply by the dozens, and
our moral and social ties would be constantly
shocked. The penalty of nine or ten years for
manslaughter has no teTrors for some people
who, in case they wished to seek vengeance,
would simply get drunk and shoot their vlc-
tim" At the conclusion of the charge the
counsel for Smith asked permission to send the
letters bearing on the case into the Jury room
with the jury, but the Court would not allow
st and told the stenographer to note his excep-
tiOn.
The Court waited an hour for a verdict, but
as no word was received the jury were locked
mp for the night