, 1890-07-03

had on light sack coat, but no
overcoat. He was confined to his
home over u week by the wound
over his eye. IL wns not the wound
40 much as the danger of catching
cold in 1t.
THE REASONING OF COUNSEL.
Messrs. Ridpsth's, Graves and arif-
fits Arguments to the jury.
At lust 2:O5 o'clock Colonel Rid
path stepped before the jury and
commenced his address. He occu-
pied Just one hour. After making
the usual preliminary remarks he
said In substances:
1--WE contend that the case has
been proved conclusively that this
defendant Ia guilty as charged.
We do not think for a moment
that you will waiver In the
performance of your sworn duty. 1
ask you, az l know you will, to fol-
low me in the different phases of
this case as brought out by COM
petent witnesses for the state. You
must remember that the states
testimony IL from men brought here
involuntarily to testify at the COM
mand of the state. They do not
come here through any feeling of
their own. Has any witnesses Of
the state shown any undue willing
ness to tell what they knew about
this case? | can not say as much
for those brought forward on behslf
of the defense
'Thejury has but one duty to per-
form, that il to decide whether an
oflense has been committed again st
the laws of the state. We maintain
| that the evidence in this case has
proved the crime for which defend
ant Is charged. No intelligent mub
who will lay aside his prejudices or
feelings for the defendant can
fail to decide that this
man IL guilty. The testimony
proves beyond doubt the guilt OF the
| prisoner at the bar. Their testimony
Is not given because they have any
feelings against the defendant. 1t
Is simply given as the truth of the
matter. The fact IL, that on tho
night of the 10th of January Harry
| II. Baef shot down and killed Henry
! McCrossin. There was every op-
portunity given the defendant To
go away and escape from any
trouble, but he stayed and
brought on the difficulty. You will
SEQ from the testimony of the state
that this Is the truth. Who testified
in this case? Take on one side the
witnesses for the state who give their
testimony freely and truthnilly.
On the other hand the defense testi-
mony Il full OF falsehoods and mac
curacics."
ATTORNEY FRANK GRAVES.
At three o'clock Attorney Frank
Graves commenced to present the
defense's side of the issue! OF course
he did not agree with his friend
Rldpath, but his little anecdotes
nevertheless kept the Jury In good
hunor while he touched on the
mooe serious points of the case. Mr..
Graves presented his case in II very
concise manner. During the hour
and forty minutes he spoke ne went
over Colonel Ridpath's opening re-
marks very thoroughly and present
ed many new points favorable to the
cause.
At 4:40 o'clock an adjournment
was taken until 7:30 o'clock, when
Thomas Grihitts closed the case for
the defense.
THOMAS GRIFFITrs' ELoQUENCE.
In his address Attorney Grlnitts
made the effort of his life. lie COM
menced at the beginning of the
affair and never let up until
he had explained IL to his
GO : plete fatisfsction. At times
he grew very eloquent and outside
of the speakers voice pin would
have been heard If one should have
been dropped. The large audience
In attendance at the night session
gave the speaker their full attention
and had IL been permissible a sound
of applause would have followed
Mr.. Grillitts' remarks.
COLONEL RiDpATH CLOSES.
District Attorney Ridpath made
IA strong effort In his closing re-
marks to bring about conviction.
lie reviewed the case, witness for
witness, and endeavored to show
that the testimony Of the nine wit
ncsses for the state far outbalancod
that of even fifty for the defense.
AT lOl5 O'Clock Judge Mount
commenced his instructions TO the
jury, II took him Just thirty
minutes to deliver his charge.