The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1890-02-01
REVERSED AND REMANDED
thristopher Case SrEt
Back s"r Re-irIaI ny the
supreme Court.

bhEt
Hon. Jno. s. Blackwell, attorney for ChTis
iophrT Young, who Killed stephen Frrgu-oI
on the night OF December 10. 1857, rrrrI,,i n
telegram Tuesday announcing that The
supreme court had refused |, sustain the
rulings OF the lower court and that the case
would be sent back for re. trial.
The case was tried 4 at the March term 1889,
~ The criminal court, aud Young was pro-
houH'rd guilty and srn.cncrd To- tie nung
Nay z. 1883. The ease was appraI,d aud
me supreme court not being ahir tn leach
MS "ss1 before The time -et for his eAtcuti0n
granted him . stay aud last Tuesday rendered
y decision Ia accordance with The facts Il, ted
~ the above head lines.
a re'lew oi the Case may prove interest
lng:-on the night Of Dtcem er 10. 1887.
there was u dance at the house Of CHRISTOPHER
Young, and al about IL O'Clock The beer gave
out and Young IN company with two Others
went to q saloon In order to get some more.
They got to the saloon and met Steve tprgu-
son and drank with him.. Young and the two
other men then started home with a case Of
beer, leaving Ferguson in the saloon. On
their way Young and his friends met u man,
whose name IL supposed - have been Hare,
carrying u lantern and called to him to iisht
them home. Some ugly words passed be-
tween these men and Hare struck Young with
the lantern and ran away. letting the lantern
fall. The lantern WIS picked up by Hugh
seems, had come up TO q hedge fence near
where this difficulty took place. You " Lnen
came up tO'Ferguson and asked him who the
mar WAS hat struck him with The lantern,
Ferguson replied that he did not know.
Young then said 10 him, "Steye, you are n
pretty good fellow and do know, and now /
want you TO tell me-" Ferguson insisted tuat
he did not know and some ugly words ;.a>sed
between them. A scufile ensurd and the
light went out. Then Two Men were seen.
perhaps indlstlncIly, to move off In II westerly
from the hedge. Nothing more
WAS known Of the matter until the next
morning. when the dead body OF Fergu ,on
WAS found. The weapon used was u large
bite handled pocket knife, with Il ~ inch
blade. Ferguson was stabbed Ia the right
side Of the reck, The knife WAS drawn for
Az hfkht Iubuiat CNbltu pIOuut-
Ing death IN n very few minutes. The blood
ran 40 or 6O feet from where the body lay.
The following statement was nude by Young
after the killing We, Peter Teux,
Harry Hoppe snd myself. came out of the
saloon and met n man with u lantern aud
asked him to show us the way across Tit
down TO my house. The man SAID
hA wnulI mi hn II and .ai,l Ivan lnn-nf
- and struck me In the lace win The
lantern, aud ran away, end | ran after him.
Then Stephen Ferguson came and struck me.
Then / opened The knife aud cut at him.
held the knife IN my right hand. The man
As standing Ia front Of me. After ! struck
| fell down TOO. l must have cut him or
here would not have been blood on the knife
knew that | Was striking at Steve Ferguson
It the time."
10 -essrd TO this decision Of the supreme
'ourt the ST. Louis Republic OF last Tues
lay says: -
One OF the most peculiar opinions OF the
'ourt Was that filed Ia the case of State w..
Dung, wherein the judgment was reversed
md The case reminded TO the Lafayette
court for numerous reasons. Ia
concluding the opinion Judge Sherwood says:
Ut The language Of tho counsel for the
late In The closing argument cannot be sane
Toned. IL WAS NJ follows: 1. The presump-
lou Of law In this state 10 that when IA charge
$ made against = party In his presence, and
10 does not deny It, he Is presumed to be-
2. The defendant IL u mean, low
Town. wicked. dirty devil ; that Is the kind
'f n man he Is Q. When we proved thvt
had admitted the killing, The pre-
Of his Innocence was overthrow
md The presumption OF guilt took its place;
he two could not stand together.' The first
'entence copied above has been sufficiently
on in the second paragraph Of
his opinion. The second statement above
copied WAS mere personal a6uss OF the prisoner.
md not TO be tolerated In any tribunal calling
tself n court OF justice. The third sentence
'bo'e quoted was not law. and was ut VAR
With the presumption OF Innocence, which
with the prisoner I'LL the verdict
guilty oyeIthrOws that presumption. Such
NJ these have been SO freuuenlly,
and recently condemned by this
;ouri that It would seem high time that the
Prosecuting attorneys OF this state should
iave heard OF our rulings In this regard.
state W. Jackson l96 Mo. loo. cit. 852, ct.
cQ and cas-. cit. see also Brown w. Lsmt-
ord, a Wis. 2S2l. The remark made by
he court to counsel for the state from time
. Time TO keep within the record) had no
effect because he still kept up
line OF obnoxious remarks, undeterred by
the court had said. A more pointed
md Effective rebuke should haye been admin
stored. The Judgment should be reversed
aud the cause remanded."
The language above referred to was used by
Mr.. Hardin, who assisted Prosecuting Attor-
Iey Wilson.