Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-11-22
NOW WITH THE JURY.
THE FATE OF EDDIE MYERS WILL SOON
BE DECIDED.

A Long Night Session Required to Com
pIete the Case-An Eloquent Appeal for
the Defendant by Attorney RObb-The
Judges Charge.
The trial of Edward Myers, on the charge
OF killing his aunt, drew to a close last
night, and it is now for the jury to say what
will be his fate. An extra session of court
was held last night, to give a chance for the
arguments to be made, after which the judge
delivered his charge and gave the case to
the jury.
The forenoon was taken up in evidence
for the defense. Miss Harriet Cooley, the
lady who was engaged to marry Myers,
testified that he had only given her plain
gold ring and basket Of flowers. Gilbert
Walker testified to having purchased re-
volver from Myers. Corwin Myers testified
to having purchased a revolver from the de-
fendant after Miss Douglass death. He
worked for Myers and had never known him
and his aunt to quarrel. Jacob Whitehead
said that be lives on the Versailles
township road, two and a half miles from
the Douglass house. On the afternoon of
he murder he saw two men and a boy going
rapidly along the road from the direction of
the house. They were calling to each other
to hurry, but no one was following them.
Other witnesses were introduced to prove
the defendants previous good character.
ARGUMENTS OF THE COUNSEL.
In the afternoon the attorneys offered to
submit the case without argument, but
Judge White thought they should make
their addresses to the jury. The argument
was opened by E. Y. Breck, Esq, for the
Commonwealth, and he was followed by W.
E. Newlin, Esq, for the defense. John
S. Robb, Esq, leading counsel for
the defense, spoke from 3:15 to o'clock.
He reviewed the case, and made
strong appeal for his client. 1t
was during Mr.. Robb's argument that Myers
for the first time during the trial gave way
to his feelings. 1t was at the point where
the attorney feelinglv alluded TO the love
existing between the prisoner and his aunt.
Mr.. Robb concluded his argument by in
forming the jury that there must be no half
way verdict-they must either convict
Myers of murder in the first degree or acquit
him.
When the court reconvened at o'clock
District Attorney Johnston began the clos
Ing address to the jury on behalf of the
hours and 20 minutes, and was a most forci-
BILE arraignment of the testimony presented.
AT the conclusion Attorney Robb asked
the Judge to state to the jury that there was
no evidence to show either manslaughter or
second degree murder.
CANNOT BE MANSLAUGHTER.
The Judge would not say there were no
grounds for the second degree verdict, but
said it could not be manslaughter. The
Judges charge occupied an hour and five
minutes. He prefaced it by stating that the
jury were the judges, and they must find
Tor themselves from the facts and the evil
dence and not from what he would say.
Continuing, the Judge said that if the
jury found that Myers did not fire
the revolver then he is innocent. If he did
fire it then he is guilty of murder and it
was for the jury to say if OF first de-
gree or of second degree. 81 think, how
ever" he added, sit is fair case for you to
say whether it is first degree or second de-
gree" As to this he reviewed the testi-
mony of Myers abuse of mis- aunt, which
might support reasonable assumption that
he had shot her in fit of passion and re-
gardless of the consequences.
In conclusion, he passed on the points of
law submitted by the defense, and the case
went to the jury. Court was then ad-
journed till $50 this morning.