Evening journal., 1890-11-21
EARRA JURY ouT.
The Charge to the Jury-rhe MOODY
burglary Case.


Burglary Case.
The trial of John d. Farra for the
killing of James Devine was continued
in the court at 80 p. m. yesterday.
A. Z Sanborn, who made the hrst
closing speech for the defence, was fol-
lowed bv Levi G. Bird, who closed the
plea of the defence in q powerful speech,
lasting for over an hour. He reviewed
the circumstances of the tragedy,
showed that Devine had been the aggres-
sor and said that it was only natural
that Farra should try and defend himself
from the attack Of man he did not know
and had never seen before
He vas followed by Attorney General
Biggs. who said that no matter what the
proyocation is man is not justified in
killing another, even when he was at
tackled. unless he is in imminent danger
of his life or cannot retreat
He was just getting his argument
well in hand when the chief justice in-
terrupted him at 90 o'clock and ad
ourned the court until 10 o'clock to-day.
When court met this morning At
torney- General Bggs resumed the clos
ing speech for the state against John d.
Farrs for the killing of Devine
Farra's wife and father in-law were
present. Mrs. Farra sat just outside the
box and within reach of her husband,
who sat with bowed head and sorrowful
countenance
The Attorney-Genera confined him
self at first TO recommitting the circum-
stances of the killing, and asked for
verdict of manuslaughter.
This Ch ef Justices Charge.
When he had concluded his able plea
for the state. Chief Justice Comegys
charged the jury. After reviewing The
evidence he said
"The question involved in this ease is,
| Had Farra sufficient time to escape. II
| he was in such a situation to avoid the
! attack of Deyine, then he had no right to
strike him, but il he came upon him So
suddenly that he could not avoid it, then
IL was his duty to defend himself But
he had no right to wait and receive the
attack, for it was his duty under the Law
to get out of the way. Now the ques
tion is did he try to get out OF the
way? 1t he did the action wal
in self-defense, and he is in no way
guilty of crime. If he could not ge
away he was justified in the attack, anC
the prisoner is in no way responsible
however fatal the consequences were
II you have any reasonable doubt, th'
prisoner is entitled to verdict of &C
quittal. There Is also another point Il
propose another suggestion is tha
can find him guilty of simple assault
but think that such verdict would d
more harm than good. Give him th
benefit OF the doubt and If you canno
find him guilty in manner and sfoFm a
indicted he should be acquitted
The jury retired at II o'clock
The case of the State vs.. Martin
Moody for entering the house of Henr
Talbot, in Middletown, November 16, wa
opened. Deputy Attorney General Davi
for state; j. Frank Blggs for defence
The first witness was Henry Talbot, VIII
stated that he was aroused b
a. noise and found Moody upon th
shed roof The window glas
was found broken out Of the sash in th
upper window and the nails that hel
the sash down twisted and broken. h
stated that nothing was stolen. Mood
while Talbot and his family wei
, away from home sometime before he
fed the chickens for him and had bee
around the house in this capacity befol
the alleged crime was committed
Oliver Caulk, colored, stated that
was sitting in the kitchen with tv
I girls talking and heard someone on IL
! porch he corroborated Mr.. Talbot
testimony. Sadie Green one of the CO
I orsd girls who was in the kitchen gay
: evidence similar to that Of Caulk
Mr.. Biggs thought there was no test
|. mony against Moody, bat the cou
thought differently. He said that Il
: defence would show that the prison
!. was drunk Alexander Maxwell pr
J prietor of the National Hotel, Middl
2 town, was placed upon ihe stand al
!, stated that Moody was drunk the mig
I he alleged crime was committed.
: also testified to his cool character fl
!. honesty and fair dealing Nathaniel Wi
liams of Middletown. Columbus Wa
+ kins of Odessa. Serrick F. Shailcrei
!. living near odessa. and others testif
> to the good character of the prison
I after hearing argument the jlry .retir
: at ~ 90 p m. and court adjomued nm
!, 30 p m