Los Angeles herald., 1890-05-23
ARNOLD ACQUITTED.
The Slayer of Garness Set at
Liberty.
The End of a Celebrated Murder
Trial.
Impassioned Appeal of Defendants
Counsel for Acquittal.
The Jury Justifes the Killing of as Deep
Dyed William as Ever Desc
Grated Home.
Associated Press Dispatches. |


SAN Francisco, May 22.-Ex-Judge
Darwin, in argument for the prosecu-
ton in the Arnold case, this morning,
said the fact that Garness sent circulars
to people in Colusa, and endeavored to
get others to engage in the blackmailing
affair, had no bearing on the case, in its
legal aspect 'T would not for one in
stant condone Garness's offense," he
continued in the course of his remarks.
"You have heard the evidence and you
must have concluded that he was in all
respects dangerous man, who had en-
barked on an atrocious enterprise; but
to attempt to break up mans
family, to spread scandalous reports
about his wife and children,
is not an offense punishable
with death. We can all admit that
there are men who ought to be killed
the killing of such men, however, is just
as much murder as the killing of man
whose reputation is unstained." Con-
corning the line of defense, counsel said
| it relied on three theories-insanity,
self-defense and the introduction of evl-
dence calculated to prejudice jurors
against Arnold. The insanity theory
rested solely on the evidence that after
the receipt OF the circulars Arnold's
mind was perturbed. The statement
that Arnold fired in self-defense has
been shown to be false; and no evidence
showing that Garness was blackmailer
should be regarded in connection with
the killing.
Counsel Delmas, for the defense, in
his argument reviewed the lives of
Arnold and Garness, and the circum-
stances of the circulation of the defama-
tory circulars. He stated that from the
time of receiving the circulars, Arnold
was changed man; not only was his
peace destroyed and his mind driven to
all but madness, but his wife was soon
on the verge of insanity, and his children
found themselves Stunned by their
school associates. 1t was not enough
for Garness to have pub
lished these circulars which
destroyed the peace of the man, the
honor of his wife and the paternity of
his children, but Garness, to complete
his infamous character, all the time pro-
fessed the utmost friendship for his vic
tim. cat last" said COUNSEL "the de-
fendant accused Garness directly of the
crime. The guilty wretch finding him
self confronted by direct charges, at
tempted to take the life of the man
whose home he had desecrated, and to
whom he had done a greater wrong than
murder itself. Providence was on the
fell victim to the revolver of the man
whose life he himself wanted"
At the conclusion of the remarks of
Mr.. Delmas the audience applauded, but
Judge Murphy checked the outbreak.
During the argument Mrs. Arnold sat
by the side of her husband, her face hid
den behind heavy black veil. By her
side sat her eldest daughter, and the
youngest daughter sat in her fathers lap.
The two girls shed tears freely.
Assistant District Attorney Hosmer
made the closing argument for the prose-
cution. He said: "Prejudice is
not to enter into consideration
of the verdict. The law says
every person who kills another through
malice is guilty of murder. 1t does not
say that if man is maligned he can
take the law into his own hands and re-
dress his wrong by shedding blood"
Counsel commented upon the dual
defense of insanity and self-defense as
incompatible. He said "There has
| been no proof that when Arnold shot
Garness he did not know what he was
doing"
Argument of counsel was concluded
late this afternoon, and Judge Murphy
delivered the charge to the jury, who
then retired to deliberate.
The jury returned at about 10 o'clock
this evening, and returned a verdict of
acquittal.
CoLUsA, CAL, May 22.-The news of
Arnold's acquittal has just been received
here. Great excitement prevails. The
telegraph Office is full of people trying
to send congratulatory messages to
Arnold.