Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-26
COL. ARNETT.
The Greatest Speech Of His
Life,
MADE IN COURT YESTERDAY.
He Addresses the Jury for Six
Hours
AND MAKES A STRONG CASE.
A Summary of Bis Plea in Behalf Of the
Defendant--The Attendance Of SpeCta-
tors Very Large--Capt. Dow
ener Speaks To-Day.
AND MAKES A STRONG CASE,

The rush of spectators at the begin
ming of yesterdays session OF Court
the nineteenth day of the Garrison trial
was the greatest yet seen, and it must
be taken as a compliment to Col. w. w.
Arnett, whose great speech was to be the
feature of the day. Ladies were more
numerous than ever before, and all the
available chairs inside the railing were
occupied by them, while the windows in
the upper corridor were each surround
ed bv compact group. An unusual in
terest had been lent the case during the
morning by the knowledge of the fact
that Juror Fisher had been very sick
all day Sunday, neceSsitating visits from
a physician, and there were rumorS that
he would be unable to attend Court
The Jury came in on time, however,
Mr.. Fisher being quite weak but other
wise in fair shape. Many prominent
citizens were to be seen among the
audience, as the morning grew older,
and as Col, Arnett became interested in
his topic, the aisleS filled up until in
gress or egress from the body of the
Court room became impossible, and
MANY who came into the outer corridor
were unable to even get to the outside
doors, and were compelled to linger
about on the tiled floor outside, catching
a word of the speech now and then as
the counsellor proceeded.
Promptly at half-past nine Judge
Campbell made his way down through
the crowded south aisle into the Court
room, and Sheriff Steenrod at once
opened Court, and the Clerk read the
brief formal record of Saturday. The
big book was signed, and then came
short pause, while counsel for the State
were waited for. In two or three min
utes Prosecutor Howard came in, close
ly followed by other counsel, and Col.
Arnett said
eff the Court please, and gentlemen
of the jury approach the argument
of this sad case with emotions Of lear
and trepidation. If there be a time-if
there can possibly be an occasion with
in the WIDE range Of an attorneys pre-
rogative when he feels the most fearful
responsibility-it is when he shall
have taken into his hands
the life, the liberty, the
future and the sacred honor of fellow
man. Hence the anxiety that no words
NAV be uttered which shall initiate
against his intereStS-that no mistakes
may creep in TO be deplored; and, gen
tlemen of the jury, at the very incep-
ion, permit me to state that | shall not,
in the argument l expect 10 make, in
dulge in any barshlanguage, outside OF
a repetition of what is maJe necessary
by a review Of the evidence. For the
relatives of the victims Of this unfor-
turate homicide, gentlemen OF the
Jury, l feel a profound sympathy,
and my unaffected prayer for
the deceased is, that after life's fit
full fever, he may sleep sweetly, and pro-
foundly, and that in the awakening on
the morning of the resurrection he may
meet with happiness, bliss and bright
ness.
I'VE have no occasion, gentlemen of
the Jury, in the discussion of this case,
to have resort to harsh language, except
as it shall be necessary to convey to you
been said to you by the Prosecuting At
.orney, gentlemen of the jury, that he
i. differently situated with regard TO
this case and toward you from what my
colleague and myself are. That he is
under a sworn duty-a positive obliga-
tion--to prosecute this case. l may
add, gentlemen of the jury, that while
that is one of the objects OF the law,
another and equally important one is
to protect the innocent. 1t is true,
gentlemen of the jury, that he is sworn
officer Of this Court, but it is equally the
fact that my colleague and myself stand
before YOU under the weight of the
same solemn obligation and one as
binding on us as on him, to honestly
demean ourselves in the practice of the
law.
1t is true, gentlemen of the jury, that
it is within his province to come into
Court, and to say that, with the sanction
of the Court, he will not further prose-
cute any case, but when an indictment
is presented by the grand inquest Of this
county, charging that one has been
guilty of unlawful, willful and premedi-
tated murder, it will be found that he is
very certain to make an investigation
into the evidence and have full en-
quiry; and if you will investigate the
history of the Jurisprudence of this coun-
ty, you will not find single in
stance when Prosecuting Attorney
ever dropped such case, and asked
leave to enter nOlle prOseqW. The
reason is that the officer thus repre-
senting the people believes it is incum
bent on him to investigate the charges
at any rate, and when he embarks in
that investigation the same vain, weak
human nature, which is common to all
mankind, impels him to make every
endeavor to secure conviction. |
have no doubt, in my mind, that
the head of the Prosecuting Attorney
often leads him astray. have no hest
fancy in saying that if, in many cases,
the dictates of the heart were followed,
there would be very different conclu-
Jon. 1t may be that, when the case is
of a mild character, he may be in
cined to forego prosecution, but when
the foul crime of homicide is charged he
feels it his duty to prosecute, and when
he believes this he, as others before