Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-04-30
LENGTHY ARGUMENTS.
A WHOLE DAY DEVOTED TO THEM IN
THE FREEMAN TRIAL.
Attorney Post scorches Witness wilAes-
District Attorney Burners Clos
ing Address.

The entire session yesterday of the
Freeman murder trial was occupied by the
arguments of counsel, and the case did not
go to the jury after all.
When Court convened in the forenoon,
attorney Charles n. Post began his argu-
ment for the defense. He devoted most of
his attention to the testimony taken dur
ing the trial. and particularly that of
Archie Wilkes, the principal witness for
the prosecution. He denounced Wilkes as
perjurer and a scoundrel, and said that
Freeman was q saint when compared with
him. Wilkes graphicstory about the hor-
rible manner in which Freeman drowned
the weak and sickly Mark Feeney in a
barrel of water could, Mr.. Post declared,
only emanate from the mind of fiend.
If Freeman wanted to murder Feeney, to
make away with him quickly, why didn't
he drown him in the large water trough
near the barrel? The trough was roomy
and deep, while the barrel was narrow and
held only ten inches of water at the time
This, the attorney said, was proof that
FEENEY FELL INTO THE RARREL
Himself while in spasm. 1t was a phys
ical impossibility for Freeman to have
held shotgun in one hand and with the
o.her to have put Feeney into that barrel in
the manner in which he was found. Be-
sides this, Mr.. Post said, it was unreasona-
BILE to suppose that Wilkes, unless he had
murderous heart, too, stood by aud watched
Freeman drown Feeney like dog. why,
gentleman of the jury" said the attorney,
fancy man who would stand by and see
a human being drowned without even put
ting in word of remonstrance. Why, his
blood would pollute the dirtiest cur that
runs the street. Everything that that man
Wilkes testified to savors of perjury
Mr.. Post then went on to denounce
Wilkes in a wrathy way. He said that
Wilkes had been shown to be man who
frequented dives and low places, and al
ways mingled with low people. A man of
such character should not be believed un-
der oath. Mr.. Post declared that Wilkes
smarted from the beating Freeman had
given him, and in revenge swore that Free
man took Feeney's life.
Mr.. Post had not concluded his argument
when the noon recess was taken and re-
sumed in the afternoon. He then again
trained his guns, so to speak, upon Wilkes
AS he proceeded Mr.. Post grew more and
more eloquent and at the same time more
bitter in his denunciation of the prosecu-
TONS witness.
FREEMAN MOVED.
In conclusion, however, the attorney re-
verted to the pathetic. Pointing to Free
mans poor old mother, who occupied a
seat beside the defendant, looking the pic
ture of despair, Mr.. Post appealed to the
jury not to break her heart by declaring
her boy murderer. Then pointing to
Mrs. Austin, Freeman's sister, the attorney
asked the jurors if they would disgrace her
children upon the testimony of man like
Wilkes.
Both the defendants mother and sister
wept and Freeman, for the first time since
his arrest, showed signs of emotion.
District Attorney Bruner followed Mr..
Post in the closing argument for the peo-
pie. Mr.. Bruner began by cOmplimenting
Mr.. Post for the magnificent manner in
which he had. handled what might be
termed hopeless defense. No other lawyer
could or would have done more. But"
added the District Attorney, during all
this long trial never knew until few
days ago, when Mr.. Post was making his
argument, just what the real theory of the
defense was as to the manner in which
Mark Feeney came to his death. 1t was
never shown in the testimony they offered
nor by any statements made. Now at the
very last moment we are informed that
Feeney, while taken with a spasm, fell into
that water barrel" Mr.. Bruner then pro-
ceeded to show how such thing was i'm
possible. He said that persons taken with
spasms invariably writhed and struggled
violently, yet when examined the body of
Mark Feeney showed no signs of such q
struggle. 1t was improbable and impossible
1t could have happened in no other way
than that which Wilkes tells of-that Free.
man deliberately dumped the poor little
weak cook into the barrel and held him so
that he could not struggle.
SYMPATHY MISPLACED.
Mr.. Bruner then replied to Mr.. Posts ap-
peal to the jury for mercy on account OF
Freeman's mother and sister. He said that
Juror must not be led from his duty by
any such false sympathy. The jury would
do them no favor by acquitting the de.
| fendsnt 1.-THE defendant is the man he
himself says he is" continued the attorney
| shaking his finger at Freeman, 'if he is the
man who fiendishly knocked down Wilkes
with shotgun and then kicked and beat
him while he was down, l say he will
bring up on the gallows sooner or later
| just as sure as God permits the sun tc
| shine to-day. It's wonder to me that in
stead of only being charged with the muir
der of one man he did not also murder
Wilkes. He came near enough to it. If ht
is allowed to 60 this time he will only bring
| future disgrace upon his people"
In reciting the evidence to the jury, Mr.
Bruner said that the jury, if they believed
| Freeman, must believe that Wilkes, Terrill
De Kay, Mr.. and Mrs. Fricke and severa
others had all perjured themselves to put {
fellow being to death.
! Mr.. Bruner talked until 4:30 o'clock, ani
| as he said he needed another hour il
which to conclude his argument, Judg'
Van Fleet postponed further hearing unit
this morning, when the case will be given tt
the jury.