Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-09-26
AGAINST THE CLARKS.
Judge Ewing's Charge to the Jury
Leaving Little Latitude.
MORE FAVORABLE TO CORA WYATT
Three Criminal Courts to Be in Session at
the Same Time.
YESTERDAYS BIG GRIST OF JUSTICE

The jury is out in the case of Charles NJ.
Clark, his wife, Emma Clark, and Cora
Wyatt, which was concluded yesterday be-
fore Judge Ewing They were charged
with being accessories after the fact to the
murder of Detective Gilkinson. Clark was
placed on the stand and continued his testi-
mony that was interrupted on the previous
day by the adjournment of court.
He claimed that the shadow seen
on the window blind was caused
by himself II was dressing his
ear, having suffered catarrh in it. He
said on cross-examination that he received
two money orders from Daniel jackson,
from Rochester, \. y. The witness did not
know who Jackson was. Fitzsimmons owed
him money.
Cora Wyatt was the next witness. She
testified to living with her sister, Mrs.
Clark, and claimed that she knew nothing
Of Fitzsimmons being in Clark's house on
Sunday, until he was found and told to get
out. She said she was sick at the time and
had been downstairs very little.
DR. Osborn testified TO dressing Fitzsim-
mons wound an hour after his arrest, and
the appearance of the wound, he said, was
such that indicated it had not been dressed
for 70 or - hours previous.
Officer Colvin was recalled and gave some
additional, although unimportant, testi-
mony.
ARGUMENTS OF THE ATTORNEYS.
The arguments then followed William
Reardon. counsel for Mrs. Clark, opened
for the defense. He was followed by j. NJ
Cox, who spoke for Cora Wyatt. W. j.
Bremen pleaded for Mr.. Clark. A recess
was then taken. At the opening of court in
the afternoon H. L. Goehring made a strong
speech for the prosecution.
Judge Ewing then charged the jury. The
charge was unfavorable to the Clarks, but
favorable in regard to the case of Cora
Wyatt in regard to the case of Mrs
Clark he said: 1.-THE presumption on the
facts stated in the points is that the acts of
the husband and the wife jointly are the
acts of the husband, and that the wife acts
under the control and coercion of the hus-
band, and that she is not liable. That is a
presumption of law, but there is a rebuttal
presumption. If the evidence, direct or
Circumstantial, shows that the act is that of
the wife uncontrolled by the husband,
or that she had guilty knowledge
of and aided and comforted the felon, that
act Is netS IaIncT Ilan lnaI OF n6r nus
band, and in that case she is liable TO con-
viction for her acts. In regard TO the case
Of Clark, the Court held that unless Clark
was coerced by fear of Fitzsimmons' re-
volver, or succored him under the jnhuence
of pointed revolver, he was guilty. As to
Cora Wyatt, he said:
FAVORABLE TO MISS WYATT.
''Her case stands in a different position.
She knew Fitzsimmons, and was friendly
toward him. She is a sister of Mrs Clark
and an inmate Of her house, but in no way
proprietor OF the house l cannot say
that there is not testimony TO convict her
but ! would hesitate to convict her on the
testimony given. l am, however, well
satisfied that on the witness stand she COM
miJted q far more serious offenSe than the
one she is charged with under the indict-
ment 1t is not possible that she did not
know Of many of the incidents she |
denied knowledge of But even perjury on
the stand on other matters cannot influence |
YOU to convict the woman unless you are
satisfied by the evidence of her guilt. 1 |
have no doubt that she knows more than
she tells US here"
The jury then retired and at 3 o'clock had
not returned. The verdict will be received
this morning in open court.