Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-03
MR.. cLAoErr BEGINS THE TALK.
Argument On the kincaid Case Opened tn
Aftrrsaon.


Argument I'm the Kincaid Case Opened Shi!
Ansrnson-
The closing arguments In the Encaid trts1
were begun this afternoon. Mr.. Clsgett tAlkel
nearly an hour and a-hsf and then proceeding.
were suspended until tomorrow morning o.
account Of the continued ilipess Of ynrer Me-.
dleton.
BETWEEN MEDICINES
When the court met again at I O'Clock ~
jury was in the box The sick juror, Md,
dicton, was enoonsced in the capaeiosss
easy chair provided for him with On evsrs
coat hung over his shouidersL In ry
spouse TO questions by the court and court
grip, said he thought Re could ait d out no. :
he said he bad 80 take his medicine every thrst
hours, and the next time for a dose would II
ESQ O'Clock. II Was decided 20 20 GU untk
medicine time came and then perhaps "
terrupt the proceedings briefly 20 that the furcf
could take his dose.
Mr. otAaErT's ARGUMENT.
Mr.. Clagett took his place before the Jury =
open for the government After referring r,
the gravity Of the crime OF murder. he sunnsf
up what he said were the almost admitted fssk
OF the case. These were the shooting 81 .lt
Capitol. which Mr.. Clagett described with easf
siderable oratoricai eject K
The charge in the indictment, he said. -
murder. He defined the crime OF murder v
constitute which malice aforethought mus, "
expressed or implied. He emphasized the ta>A
that the malice need not be expressed. but unse
be implied He referred 10 the diagrams tn n
had been used in illustrating the testim saS.
occurred Y
Then he referred 20 the testimony Of Dok
aldson, who vas with Taulbee remembersrA
that The defense he'd undertaken 20 discfed3
Donaldson, but the witness had told the siofe,
| whit 4
Taulbee, when he paused on the step ari /
placed his hand on Donaldson's arm cav ina.
What do you want SAM" had little tho AZ y
that there was linking behind him a man si3.
revolver In his outside overcoat pocket and
bludgeon IN his hand. Donaldson said be wks
attracted by a voice saying: "Tauibee, Won %.
see me now. TEulbee could see him thee
because he had revolver and loaded car >.
WHEN THE BULLET WAS rIEkp.
The way that bullet entered the head prov{s
conclusively that Donaldson was speaking T.
truth when he said Taulbee turned to see va
cred the shot and Just then the shot was frts.;
hlncaid was above, Taulbee below and JsS-
bees head was turned
BLOOD on TIE srEps.
He referred to Jones testimony ~ corroS.
orative Of Donaldson's, and speaking Of ia
blood that Jones described on the steps Il.
| consecrated steps Of the Capitol, Mr. Clagtt
said the blood was split for revenge. He
scrlbed kincaid as smarting under the insult VI
the morning. He knew. he said. that .as
| brother newspaper men were sending out ,se
| story: that he would be pointed ont u
a man who WAS cowardly. lie went 10 &
home where he kept his arsenal. and artnikg
himself came back to tho east door where d
had seen Taulbee go into the House. it -
hincaids purpose, Mr.. Clagett said, 20 get IL 4
place where he himself would be safe and shks
Iaulbee from behind.
Ii Jones testimony was believed, 90 little es..s
elapsed after Jones passed kincaid on the ssst Z
before the shot was fired that IL was physick'y
| impossible that what kincaid described ~ nv.
ing taken place could have taken place. Il
He referred to Taulbee's words after he ~
| shot, as testified 10 by Lowell, who shot nd
or who did thisf" to show that Taulbee ~
even then unconscious a. TO who his aggres4,s
was, though Kincaid described Taulbte 70
| rushing up the steps at him. Mr.. Clagett coea-
| mented on the different circumstances untkrr
which Kincaid and Lowell testified and left ito
the jury TO determine which one would 10
likely to color his testimony; which had issfr-
ests to serve.
SAYS THE oFfESsr WAS nrRpHR.
He said that 1t was impossible for DonalA1-s
and Lowell to have coneocted the same sr ,,
one living in Louisiana and one in Boston, ID
then reading from the testimony he said ~,
/ the offense was murder. with all be
| malice necessary TO sustain such chst4 o.
No matter how sick he was, IL 90 weak that yas
had to crawl 70 the steps and did crawl aud ~
the weapon IL wac murder and nothing lesssk
At go O'Clock the sick Juror, Middles&a,
took his medicine and said he was feeling bad y
but would stand il o. long as he could. Il
court said he did not think il advisable 70 n
him to that extent and adjourned TILL morll9g
| Rishop RYAN s,one Hama
Bishop Ryan Of Buffalo, who has been r.!t
ously i'll at Providence Hospital for somssas