The Critic and record., 1891-04-07
STILL ARGUING.
THE DEFENSE 1N THE KINCAtD CASE
PLEADS ITS CAUSE.

lIr. e.. Maurice Smith Finishes His Argu-
ment and Judge Wilson Begins-
judge Bradley Says lie Wants the
Case to Go TO the Jury To-Day,
The April sunshine this morningrathcr
encouraged the two sick jurors, William
T.. Middleton and Edward Darcy, in the
case Of Charles T.. Kincaid. When they
took their seats, shortly after 10 o'clock,
It was noticed that they were looking
brighter and stronger than they have at
any time since last Friday.
Judge Bradley called the attention of
the counsel both for the Government and
the defense, TO the necessity Of concluding
the arguments this afternoon and giving
the case to the jury.
"We have already" ne said, "bcen de-
laycd for a number Of days ON account Of
the sickness of two jurors, and there is ~
telling when others may he afflicted. Sick
ness seems to he lowering in the air, aud
it. seems to me To be to the best interest of
all concerned TO have the arguments
finished to-day
My. G.. Maurice Smith then continued
with the argument from where he lett OF
yesterday when Mr.. Darcy declared that
longer. Mr.. Smith said:
Just for q moment look at this power
ful giant taking advantage of a sicklv,
physical wreck like Mr. Kincaid. He
iuked around on his trail for two years
or more and improved every opportunity
10 tantalilc, insult and assault him. He
was coward and brute, and his asso-
citation with such men as DonclsOn and
Lowell only showed what he was capable
of undertaking. Look at him I'm the
elevator grinding with his powerful heel
the foot of the sick defendant, then again
on the floor, the llOOr Of the Consecrated
Capitol, where he sneaked from behind a
screen and attempted to attack Kincaid;
and on another occasion glared al him in
an + street car and then walked 10 the
curb stone and awaited an opportunity to
insult him.
The motive was very plain, for the
theory established by the defense is that
he
DISAPPEARED WITH rNrLDEE's REVOLVER
and disposed of il in order to keep his
dear friend ont of trouble and make a
coed witness. DOnelson always had a
motive in everything he did and Just how
he, Taulbee, Lowell and the latter's dear
friend Parsons happened to be together
on the stairway that day is very strange.
Mr.. Smith explained to the judge that
he asked for n short recess before proceed
ing with his argument
The answer was, "Wait until the regtl-
lar hour, as we are determined, If pOssi-
bic, to hand the case to the Jury to-day
Mr.. Smith then concluded with an eN-
pauation of the manner in which Kin
caid, after having been forced to the
wall, having his ear pulled, being called a
! 'd-n little monkey etc, hal gone tn
ltfl "a
which to protect himself.
He IND nEEN TOLD TO ARM HIMSELF,
and he did so.
relf preservation was the first law OF
nature and KinCaid realized that as an
| American citizen, he bad right to de
| fcnd himself and did 50. lie honestly
| felt that It was a question of the sacrifice
Of his own life or the taking of another.
Then again lool, at the character Of the
| men that testify rs to the frequent
rnrENTs MADE ny TAuLuEE
against the defendant. Take Congress
! man I.alToon, Perry Heath, Colonel Shaw
| aid Senator blackburn. Are they no
men that can he believed Did they no
ovcrhcar conversations in which Taul
| bee went so far as to say that ht
would cut Kincaid's throat, and that tn,
! world was not wide enough for both %
them TO live in? Another very important
feature that ought to be considered is th,
relative dispositions of these two men
| Taulhee was victim of passion and hatreC
to such an extent that he could not attenr
TO or discuss business affairs that were lef
| To his control.
Hincaid on the contrary, has the recorC
of being quiet peaCeable and orderly
citizen going about his professional
dutiesin systematic way when his healtl
would permit. lie came from an at
tractive home in the Blue Grass section
of Kentucky, where he had an affcctionat'
mother, for whom . he would sacrilici
most anything.
Mr.. Smith then called the attention o
the jury to the three principal witnesses TO
the GOyernment---Donels Lowell an,
Parsons. lie argued that Lowell did no
have a sim Witness during the entirt
trial to support his statement that ther
were five men ON the stairway tine day o
the shooting. The Government becam
worried and the witness was in trouble
Then what did they do2
Why go to the St. James Hotel,
An MIDNIGHT,
and produce Il witness in rebuttal VIII
was supposed to have been the fifth ma
on the stairway and the District Attorne
was there cOnversng with him at tina
hour of the night.
| lOOh uJ lIt tOMhINlttO VI DOutl
son, who claimed to be the warm persona
friend of the deceased Look at him run
ming away from the Capitol and leavin
his bleeding friend upon the steps to b
cared for by strangers. How did he com
to go SO quick and return so soon?
When the court convened after lunc
the room was crowded, as it was under
stood that
JUDGE WILSON
would make his address TO the Jury an
that the time occupied would be abou
three hours. He stated that he has bee
unwell and there were at least two juror
who could sympathiZe with him. Iii
opening was in substance as follows;
81 want the jury to scrutinize with th
utmost care every word that | say.
far as the principles of law are COZ
Cerned, | do not think that ! will diift
from the Court or the District Attorney
Neither will they differ with me. al
tiCipate that the Government will, in til
closing argument, have something to sa
as to manslaughter which as yet has M
been touched by Mr. Clagett. This is
very significant feature.
"Now we come to definition Of murde
It makes no difference where it occur
whether on the marble steps of the Cap
tol of the nation or in the lowest hoyel {
the street"
Tudpp Wilson had not concluded Wlc