Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-27

to YOU evidence upon which you Will De
enabled TO render that duty which you
owe TO society, and which will enable TO
discharge that duty by returning Just
virdict according 10 the law and the evil
dence in this case. And IN
nv statement to you with
out a repetition of the lectures TO
which YOU have already been treated, l
want 10 call your attention to the state
ments made BIZ the other side, that the
State has a great advantages in its open
ing and closing, and in various other
matters. and l want to point out to you
that the law gives the defendant In a
case like this. great advantage. want
10 point out TO you that all the charity
and all the presumption and all the
doubt 10 be exercised is in favor OF the
defendant. and nothing in favor OF the
State. The laws are framed In mercy.
They give the prisoner the benefit OF Il
reasonable dOubt-nOt captlouS doubt
but such doubt as reasonable man
would have in the graver affairs OF lie
They give TO him the benefit OF a de-
Tense; they give TO him the benefit OF u
preSumptiou-but when you have eXer-
cised that right, you have given him all
that the law allows or contemplateS-
YOU have gone To the extreme boundary
"Gentlemen of the jury, you are not
to hesitate 10 do your duty on account
of sentiment, or on account OF conSe-
ouences to somebody. You gentlemen
did not place the defendant in his posi-
ton. You are not responsible that he
is to-day at the bar Of this Court,
charged with having the blood OF lei
low man on his head. You are not TO
allow that TO weigh in your conSidera-
tiOns. The genius which preSideS over
The deliberations of this Court IS pima
There Is but one of its five senses absent.
In hears. and feels, and breathes, and 1t
holds aloft The scales OF Justice, but 1t
is blind. and as those scales swing up
and down, You are but the Judges OF the
result. You DO not COnvict-the eVi-
deuce does that. You do not sentence
1T is the law, which says thou
shalt not kill, which does that.
And if man kill-if he do it without
excuse. he shall by that law surely die,
or in some other way pay the penalty
for his deed. You are not responsible
for that. The law is that which has
been framed by the express will oil the
people, and formed and framed to suit
their welfare, and you and l and Ills
Honor on the bench, and the govern
ment Itself ere but the agents OF the
people in carrying out their express
wish, and you do that when you see
that the law is obeyed. The law sets
forth that which man shall do, and
that which he shall not do. ItnOt only
says what is an otfense, but 1t pre-
Scribes the punishment for that otfense,
and that law is indicated by your YER
diet when you discharge your duty
and when that is done, your duty Is at
an end. We are all part of that
great machine. His Honor on
the bench carries on one part,
and the Sheriff aud his Off
GERS carry out another, and so does the
Clerk, who records the proceedings and
minutes, and the jury is another, who
speak from the facts and if each one OF
It's for the State and for the defendant
is true TO his oath, your la6ors VIII be
ighteued 10 the extent OF the definition
aud explanation of terms used and by a
demonstration of the conclusions which
are rightfully TO be drawn from the
facts.
Before l 90 farther let me say to
you that the State pointed out to
You what it would prove, and
10 say that it has redeemed its
promise i'm that respect. We have laid
before you facts fully verifying what
we said would be done. How fully the
defense has done that, we leave for you
to say. Now, ! undertake to say TO you
that there has been no defense In this
case. and in demonstrating that, l pro-
pose TO deal with the facts as | under
stand them, and as / think you under
stand. and TO leave. in doing that, moth
ing 10 be assumed and nothing TO be eX-
planned, and in doing that may my right
arm be palSied and my tongue cleaVe to
the roof Of my mouth if say anything
which ought not to say, or which has
not been verified by unimpeached and
unimpeachable witnesses.
"Gentlemen, let US take the history
OF this case. Let Us follow it through
its history, and follow that up with an
investigation of the facts, and when |
have done that, and have explained TO
YOU the law, and when l have comment
ed upon the truth and upon the untruth
OF certain witnesses, and upon certain
positions taken by the defendant |
shall submit this case into your hands,
and then upon you will deSOlve the
duty of making up q verdict in the most
important case ever tried in the COu IS
of Ohio county.
These were two men Of an honorable
professionalism were two men who, by
education, ought TO have been two cit
liens of whom we would have been
proud. One of them lies cold in death
no longer will he be seen going about
on his erraudS of charity and of mercy
and why has it been done? That
has not been depicted by the
defense in this case; but the idea
has been taken up by them to tell
you of the fearful persecution carried
on against this defendant. All, gentle
men, matter of this kind can be talked
about and magnitied until the parties
talking about it really believe it them
selves. But they are nothing as com
pared with 4 human life.
But, before l go into that, let me
call your attention TO fact, which has
been confirmed by the defendant him
self. that this was his closest friend
yea, even closer than brother-a friend
whom he priced above all other men-a