Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1890-10-23

pANoSHo "o VIC CueFlu ONCE curing
the hearing of Pierce. He heard the
testimony of Frank Wright, but he
could go no further on that point, the
court sustaining an objection by the
defense.
The State rested at this point, and
the Prosecutor addressed the Court.
He said he did not feel like making
much OF an opening at this point. The
defense had admitted the killing, and
the state having clearly proved it, it
seemed to him that the burden of
proof to show that the provocation
for the act was given without any fault
upon the part of the accused. He
held that if Henry Duffield was killed
by Pierce in self defence, then it must
be shown that he was literally driven
to the wall, from which he had no es-
cape. If human life was taken, the
burden of proof for the responsibility
shall be upon the defendant.
Col. Potter then arose, and calmly
and deliberately addressed the Jury.
He said that the evidence was all in, the
records were made up, and after few
brief words, the case would be in their
hands. He spoke to the Jury as to
their responsibility. From the time of
the first laws in England, the jury
system had been in vogue, and to the
mind of the Anglo-Saxon, it was the
only fair and impartial manner, by
which men could be tried. The learned
lawyer took exceptions to the law
quoted by the Prosecutor, and denied
that the burden of proof was upon the
defendant. He then took up the case,
and declared that while Pierce had
struck the blow which caused the re-
gretted death of DuffieId, and held that
The blow struck in self defense, or at
least what was thought to be self de-
fence. Speaking of the case the
Colonel thought that the case had
been prosecuted with very much zeal,
and he thought just little too much.
as he was of the opinion that the in
terest taken was more than an official
interest. The defense had been kept
within most rigid lines, not perhaps
more than properly SO, but more than
is usual in such cases. The State had
unlimited command upon the county
treasury for such prosecution. The
defense on the other hand had been
hampered. The prisoner was without
connections. A stranger in a strange
county.
He then took up the case. Point by
point, step by step, he developed his
case. Placing the defendant before
the beginning of the affray, in front of
his own home, where he had right to
be, engaged in a friendly way with his
friends in a most laudable object. On
the other hand where were the boys,
whose testimony alone supports the
case of the state. They away from
home, some of them mile away, en-
gagged in an unlaudable object, in the
mean, malicious contemplate work of
stealthily following two boys and tive
girls, whom they detected in going out
to ward the reservoir.
The boys ripe for mischief, yes, and
one of them ripe for something else
for If you take Tyler's own testimony,
he was ripe for murder. For that stone,
inflicting the wound on Pierce's head,
only failed to result in murder, owing
to Gods providence. The Colonel de-
clared that from the testimony of Tyler,
the court had perfect right to punish
him for the attrocious assault upon
Pierce-"Why," he continued, ''the
prison doors are yearniug for him."
From this point the Colonel took the
Jury in their minds to the scene of the
occurrence. He showed them as he
believed, were the actions of the de-
fendant when he crossed the road.
There was no hostile demonstration.
No intent of an affray. Simply ad-
dressing them kindly, and thinking he
knew them, placed his hand upon the
head of one Of them. From this point
until the fatal blow was struck, he
held that the blow was stricken while
In a dazed, confused moment, or
believing that the crowd of boys were
about to continue the attack begun by
Tyler. From the cold facts of the case
he spoke Of mercy. Tender and feel
ingly fell the eloquent words as the
speaker closed his case and left in the
hands of the jury.
FRIDAY Noon.
The argument Of Prosecutor Logue's
andthe charge of the Jury in the case
OF Harry Pierce, did not appear in
these columns yesterday owing. to the
crowded condition of the forms. They
are more than worthy of publication
and appear as follows:
a Prosecutor Logue made logical.
forcibie, concise and convincing sum.
ming up. He took decided exceptions
to certain allegations made by counsel