Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-02
ON THE ANXIOUS SEAT
Lee Waiting for a Verdict Which
May Be in the First Degree.
STRONG APPEALS MADE FOR HIM.
A Test Case of the 0leOmargarine Act Heard
in the Supreme Court.
OTHER GENERAL NEWS OF THE COURTS.

The Lee murder case went to the jury at
4:30 yesterday afternoon. When court
opened Yesterday morning Attorney Elphin-
stone continued his address for the defense.
He said that when they believed a mans
mind to be so affected from any cause as to
prevent him from premeditating they could
not convict him of murder in the first de-
gree. Mr.. Marshall followed Mr.. Elphin-
stone for the defense. He argued strongly
for second degree verdict He held that
there had been no threats, but the incoher-
ent drunken talk of a drunken man.
hatcher himself said that when. Lee shot
him Lee was drunk. Watchers dying
declaration makes it murder in the second
degree. Lee, he contended, was drunk,
crazy, mad drunk, and his act was the act of
a crazy, mad man. He had been in this
condition for a week, and his nerves were un-
strung and he had no power to premeditate.
During Mr.. Marshalls speech Mrs. Lee burst
out crying, and had to be taken from the court
room. At the conclusion of Mr. Marshalrs ad-
dress Judge White said
Il understand there is no question by the de-
tense that he is guilty Of murder in the second
degree; am right?n
Yes SIR" replied Mr. Marshall
District Attorney Porter then presented the
case for the Commonwealth. He reviewed the
law on murder. showed Lees threats and whole
course to prove premeditation and deter
mined resolve to kill hatcher for revenge. and
asked for a verdict of murder in the first de-
gree. In response to the assertion that Lee
was crazy from drink and did not know what he
was doing, he said that if Lee had been so
crazy drunk as to lose his memory and not be
able to follow out a premeditatiop. he would
not nave been able TO tell friend from enemy
He would have been Just as liable to kin his
pest friend as John 7. hatcher. Instead of
this he knew his friends, could be sociable
with them and tell them of his troubles with
hatcher and threaten to do up'' hatcher and
then, in pursuance of his resolve, go to Match
ers office and kill him.
When Mr.. Porter was reading some law
points, he was interrupted by Mr. Marshall
Jr., who said that Mr. Porter was misouotine
some matters. Mr.. Marshall Sr sustained his
son IN the objections. Mr.. Porter appealed to
the Court for protection. stating that he was
not mlsquotlng. He said that he could forgive
old Mr.. Marshall, as his hearing was not good
and ne might have misunderstood him, but as
Tor the young man, his conduct was inexcusa-
bic anS unbecoming member of the bar. The
quloble subsided and Mr.. Porter concluded
his speech, making strong plea for verdict
of murder in the first degree
Judge White next delivered his charge to the
jury, occupying nearly ah hour. His charge
was considered an important one, and was de-
voted to defining the law on murder of the first
and second degrees, and reviewing the evil
dence In concluding he said that il Lee had
formed a resolve to kill hatcher and had then
gone and got drunk and proceeded TO Natcher's
once and IN pursuance OF 1hat resolve Killed
him, no matter IL he was very drunk, he was
guilty Of murder in the first degree. And if he
had not formed a premeditation to kill
hatcher, but had gone Co his Office to talk over
or discuss matters of business and becoming
at hatcher had then and there deter
mined to kill him and had drawn q revolver
when Natcher's back was turned and shot him
down, and then shot him a second time, he was
guilty of murder in the first degree. The bur-
den Of proof, however, he added. was on the
Commonwealth to raise the crime from the
second degree to the first degree.
The jury retired about 4s30 O'Clock. After
waiting short time for them His Honor ad-
journed court until this morning.