Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-10-07
STEWART IS GUILTY.
A Second Degree Verdict Brought
in Against the Lamp ThrOwer.
HE CONFESSED TO GRANT MILLER.
Judge Ewing Again Talks on Moral
COwardice in Jurors.
ECHOES FROM THE COURT CORRIDORS.

James Stewart was convicted of murder
in the second degree yesterday. In the
morning number of character witnesses
were called and their testimony was some
what diverse as to the prisoners character.
They all testified that he did considerable
drinking.
Edward Sexton, neighbor of the Stew
arts, testified to being in the house shortly
after the lamp struck Mrs. Stewart, and
that he did not see her sign the dying dec
| laration, nor did he hear it read to her.
In rebuttal Coroner's Clerk Frank Mil
ter was called and testified that on the way
| to Jail Stewart told him that he threw the
| lamp at his wife. Officer George E. Foster
also testified to the defendants saying that
he had thrown the lamp at his wife.
Clara Poin ter, sister of Mrs. Stewart,
testified that about year ago the defend
ant had broken two lamps. One of the
lamps he threw down stairs into the room
where Mrs. Stewart was standing, and
half an hour later he threw another lamp
on the floor.
This closed the testimony, and John NJ
Echols addressed the jury for the defense
Mr.. Echols argued that the defendant
from the position he was standing in, could
not have thrown that lamp at his wife with
the intention of hitting her.
DECLARES IT WAS AN ACCIDENT.
The entire thing, he argued, was an acci-
dent as was shown by the husband going to
his wife's aid and having his hands badly
burned in trying to put out the flames. Mr..
Echols argued that in no event could the
crime rise higher than voluntary man.
slaughter, and there was plenty of reasons
for acquittal.
District Attorney Burleigh started out
by stating that it was always the policy of
lawyers defending criminals when they had
weak case to try and draw on the imagin-
tion of the jury as to the high responsibility
resting on them and that a mans life was
in their hands. The idea was to make
moral towards ofjurors. Such was not the
case; the only thing that jury had to do
was to find the facts and deal with them
alone. The murder of Mrs. Stewart was
characterized as the most cowardly and
brutal murder that had ever taken place in
Allegheny county, and the defendant was
scored as a drunken, cruel, quarrelsome
brute, who sometimes worked and most of
the time did not, and whose principal object
in life was to fill his body with bad whisky
and abuse his wife.
THE MURDERER FLED LIKE CAIN.
The husbands flight after the throwing of
the lamp was dwelt on and likened unto
that of Cain after killing his brother Abel.
The question of the killing being accidental,
Mr.. Burleigh said, was merest nonsense. If
it was an accident he wanted to know why
the prisoner did not say so instead of keep
ing quiet all this time; that was not the ac-
tion of an innocent man. Mr. Burleigh con-
cluded by saying that the blow was wicked,
cruel and malicious; he did it to get even
with her, and he should be convicted of
murder in the first degree
Judge Ewing charged the jury that they
could bring in one of four verdicts, murder
in the first or second degree, voluntary