Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-08

ment's Side to the kincaid Jury.
When Mr.. Wilson finished the closing ad-
dress for the defense in the kincAid trial at 40
on further, but to adjourn the court until 10
O'Clock this morning. This decision was made
partly in view of the fact tina. there are no
facilities for lighting the court room for a night
session. Mr.. Wilson's address WAS one Of I'M
usual power. Its interest was attested by the
fact that during the whole day the court room
was crowded. When the court met this morn
ing for the final day Of the trial every seat in
the court room was filed. District Attorney
Cole began his closing argument few minutes
after 10 o'clock.
Mr.. Cole, in summing up, presented the gov
ernment's case in a most effective manner. He
threaded the evidence together in a most skill
full manner, taking bits from the witnesses Of
the defense as well as those Of the prosecution
and from kincaid's own testimony to sustain
his contention that Kincaid shot Taulbee in re-
taliation for the insult he had received from
iaulbee IN the passageway at the east door Of
the House an hour and half before the shoot
ing, and that Taulbee made no demonstration
against kincaid at the time Of the shooting.
DISTRICT ATTORNEY COLES CLOSING ARGUMENT.
Mr.. Cole remarked at the opening that from
Mr.. Wilson's argument it might be inferred
that the witnesses for the government were on
trial for conspiracy. rather than that kincaid
was on trial for murder. The witnesses for the
government, he said. had no greater interests
to serve than did the jurors. The defendants
life or liberty were at stake. Ii was right that
he should be represented by the ablest counsel
that could be procured for him. The Judgment
OF every one would justify those gentlemen in
bringing forward in the strongest light those
facts which they saw tend TO eXculpate kincaid;
to give undue prominence to the facts which,
in their view, pointed TO the innocence Of the
defendant 1t was not the part OF the govern
ment TO give undue prominence TO anything.
1t was the duty of the government to present
as fully as possible the evidence and point out
what the evidence proved. He was not aware
of any prejudice on his part for or against this
defendant. 1t was his duty 20 point out the
evidence showing that a crime had been COM
mitted-
A CRIME has BEEN COMMITTED.
He was Overwhelmingly impressed by the
idea, from the evidence offered here, that a
crime has been committed. He had a desire,
an anxiety, that justice should not be defeated
and that the law should be indicated. Taul-
bee was shot by Kincaid and he died from
the wound inflicted. The presumption was
when any human life was taken the man who
raises his hand to take that life assumes the
burden of justifying himself before a jury of
on what occurred on those stairs on the 2Sth of
February. 1890. They had heard a great deal
about threats and antecedent circumstances
but thai had been admitted in proof in order 70
throw light on what occurred on the stairs 1t
mado no difference what threats or assaults
were made they went for nothing unless they
louna enat Then that sao' was hred hincaid
ro,nds =, e.. an, h or n'i S ~ S;e
lie. If there had been Thousand threats and
a thousand assaults before that if Taulbee did
not assault HIM then, hincald was rot justified
In taxing his life. SO the jury could see all de-
pended on what occurred ON those stairs
THE QUESTION OF sELF-DEfENsE-
Mr.. Cole read from tho instructions allowed
h. A. ;,,,o -, Az ,,as,;o 90 lie 49,. a.
W WIG 'uuse on .ne fuee1on Va oe "
snow that TO justify that plea IL must be shown
that at the very time of the shooting the de
ceased committed some overt act or indicated
on his part an intent to carry his threats intS
execution. 1t must be proved that the defend
ant had reasonable grounds to believe he was
in imminent danger Of death or great bodily
harm. By great bodily harm was meant some
thing more than mere battery. 1t must in
yolve serious physical injury-not the pulling
Of an ear or something of that sort. Unless
they could say that Kincaid had reasonable
ground to fear death or serious injury these
threats fall to the ground.
1t did not make any difference what Kincaid's
fears were unless they believed that at the time
Taulbee made an assault or attempted 70 dc
something to carry the threats into execution
He commended that no assault was made at tina,
time and no motion made by Taulbee at that
time to indicate purpose on his part to carry
out threat against kincaid.
CHARACTER OF r.ur.pFr's rrtprAr
ua das;raa s-st - eli .,.ort;,,, a, a.,
~ 90 w VIZ
character Oh Tue enrea's. lnese heh-iauioee'
the Congressman. and kincaid, the newspaper
correspondent--werc friends. The first rup-
ture in their friendship was the publication
in the Louisville Times, of which paper
hincaid was tle Washington correspondent, Of
w. ,,at ',,,hi;s,tar ;nu.;soS Ta,,Iha =
the thrcats or moi MAS NOT matter 81 ;mncrt
ance. The first threat was made in December
1887. The last one testified to was a few days
before the shooting, as Col Perry
Heath testified. That was a conditional
threat, that he would hold kincaid responsible
if the publications against him were continued
Taulbee made these threats not that he ever in.
tended to kill Kincaid, not that he intended to
do him any great bodily harm, but because
Taulbee undoubtedly intended to brighten Kin
caid into stopping attacks upon his character
In the opening Gen. Grosvenor talked Of Kin.
caid as a cringing shrinking sort of man, afraid
to death of Taulbee, and for two years
in fear Of death. and that they would find him
from time to time apologizing to Taulbee. Had
cerely believed that Kincaid was tearing down
his character Kincaid on the stand said he
did not do it; that Taulbee was mistaken
Kiucaid did not saw that be ever went Il
Taulbee and apoiogized or explained
that he WAS mistaken Cen Grosvenor over