The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
MASTERLY DEFENCE.

Alexander Simpsoa surp uses His First
Effort in Behalf of Kinney Hayner.
But vely little testimony was taken
Yesterday after recess. which began half
an hour earlier than usual to enable Dr.
John j. Nevin to appear as an insanity
exuert on behalf of the defence. When
Court recouyered, Counsellor Simpson
reluctantly informed Judge Werts that
/ e had ueen unable TO ind DR.. NeYin,
and he was compelled so rest his case.
Three or four witneSse were called in
rebuttal by Prosecutor Winfield, and
then it WAS announced that the evidence
was all in. Counsellor Furey at once be-
gan his address to the jury. In care
July prepared speech lie analyZed tue
evidence that had been offered by the
S ate aud defence, aud he masie an earnest
APP cal to the jury to acquit Hayner.
Iayuer had no money. he said aud thera-
fole lis defence was conducted Win dill
clity.
A SAD PARTING.
As Mr. Futey said this. Mrs. Mahala
Euni, The foster mother of Hayner,
through Counsellor Simpson, asked per-
hi sou to say good by to the accused
man for 1t was necessary for her to catch
granted. and while Mir. Furey, uncon-
sclous of these proceedings, which had
been conducted in whisper. was asking
the jury to favorably consider Hayner's
case tie foster mother approached the
accused. He stood up and each affec-
tiona,ely kissed the other and the wonla n
lett the court room much agltated. Hay
Ier almost fell into his seat and for the
first time during the trial broke
down. He leaned his elbow on the
arm of his chair and with
h. left hand over his eyes, wept quietly
tut bitterly for ten minutes. There were
but few Indeed In the court room who
uiu lot feel LitY for the man, for it Was
perhaps his final parting from the only
mother he ever had Known, the woman
who mad taken him when be was but
three years DID, ana had educated him
aud cared for him until he could take
ctre of himself.
Mr.. SIMPSONS FINAL PLEA.
When Counsellor Simpson prepared to
follow Mr.. Furey in making the final
appeal TO the jury to save the unfortunate
man from the gallows, every person in
the court room gazed on him with un-
disguized interest. The large room was
so crowded that many were standing
in the back of it. and many
Odd warhorse lawyers were within
the sacred precinct OF the bar,
where they STOOD during the three-quar-
1 rs of an hour that the speech OF the
youthful lawyer lasted. The sudden
fame acquired by the young advocate the
before had become widely bruited
aud many of those present were there
solely to near his concluding words for
the defence. Undaunted by finding him
self the cynosure of SO many eyes, Mr.
Simpson is a low but distinct voice began
his appeal. AS ne proceeded, his voice
became stI onger and stronger, his ges-
lures more emphatic and graceful, until
finally he rose TO climax OF eloquence
and pathos. After allud1ug to his own
weakness from inexperience in cases of
electric force With all these
faults of mine, when l realize nv
position, when know that
the life OF this unfortunate and
weak man has been intrusted by him to
me, when / know and feel the wrongs he
has suffered. when l remember his un-
balanced mind, his dreadful infirmity.
there is a something which comes into
me and fills my soul and makes me feel
strong and inspired III my efforts for
him.
An approving murmur ran through
the court aud it would have broken out
into applause had not Judge Werts
glanced sternly around.
A VERY sHREWD POINT.
Continuing, Mr.. Simpson in an
Rnalitical manner took up piece by piece
the threads Of evidence that had been
cleverly enterwoven bv the learned Prose-
cutor, aud in a mastery manner ex-
plaiaed away the presumptive proofs of
premeditated murder. He asked the jury
this important quesiion:-"Why did not
the Prosecutor, who has innumerable
detectives, a police force and unlimited
money at his command, produce the
wrapper that was worn by this woman
when she was shot? The Prosecutor has
professed all through the case that Hay
ner deliberately walked from the canal
boat to the trestle WORK, bent on murder
He has denied that Hayner found his
wife in the condition and position he has
described to you. He has denied this
repeatedly. Ii his denial be true, why
did he not have here the garments she
W. e? It was because, gentlemen, these
arDents would have SHOWN two bull
ret holes instead of one. If the
story cid shy Hayner is true. the bullet
he fir-d into the breast of his wife went
twice through the dress. for Hayner
FseurS that the skirt of the dress covered
her treast over the spot where the wound
was Inflicted. No, the State did not dare
produce this wrapper aud show you the
two holes made by one shot that the con-