Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-06
THE CLOSING ARGUMENT OF CAPT.
DOVENER.


DoVENER.
There was a large audience present
at the evening session, which convened
at half-past six, to listen to the argu-
ment Of Capt. DOvener, who closed for
the State. The Captain took the floor
at twenty minutes Of seven, in front OF
an immense audience, well sprlnkled
with ladies, and made one OF the best
speeches ever heard in Ohio county
At the outset, he said he would take
the case up fact by fact, and would
quote the law and the evidence, and II
he mistated either, or was not correct
or logical in his conclusions, he called
upon counsel on the other side TO set
him right. He challenged and courted
interruption. He impressed upon the
Jury two facts: One was that
epithets were not an excuse Tor
murder, and the other was that
a man could not take a notion that ne
was going to be killed, and then come
into Court and swear that his life was
In ieopardy. Cowardce was not an ex-
cnse for murder. 1t must be bellef
Unsuitable in a reasonable man. He
followed this up, by reaoinR
from the syllabus OF the haln
case. quoted by the defense, 10
show that a man must retreat as far as
he can with safety before he attempts TO
kill his opponent, II he is to be lustineo
on the ground of self defense. lie quoted
furth er to show, that in the same case
il was laid down that when homicide
was nroyeu. il must be assumed TO De IN
the second degree, and said in this case
the first degree was not at stake, ana
vet the evidence rose above that. IL a
homici ie was proven, second degree was
nresumed, and it was incumbent on the
defanse to make it less II they
copld. Whether or not the defense LAD
done that. he would leave for the jury
70 decide. 1.-The State has clinched her
case when she proves the KilIing' ana
that is not denied here. When that Is
proyep, then the burden OF PROOF shllts'
and IL is for the defense to show tnat IL
was Unsuitable, and that the grace OF
the offense is to be reduced. III
is laid down by the Supreme Court IN
the very case cited by the defense, that
If a man kills another with deadly
weanon without provocation, or upon
slight provocation, he is prtmd tdctd
guilty of deliberate, wiliul ana pre-
meditated murder" He further read,
from the same case, that "a bare fear,
unaccompauied by any overt act,
was not sufficient excuse Tor muir
dor and upon that text
as npon each OF the others. he based
nowerful discourse to the jury In favor
ri the highest possible verdict-second
Segree He followed this with still an
other quotation: There must be some
direct act. indicative of immediate dan
cor and handled that as ne had the
othsrs "There must not only be be-
lief but grounds for belief" was still
another text from the Kahn case, and
Tben he said that was all the law he
nronosed TO read. He would now take
the case up from the prisoners stand
noint, and see just what there was In IT,
Init before doing so he called the par
,;cnlar attention of jurors to the fact
that DIR. Garrison himself had said: Il
did not kill DR.. Baird because he called
mo names" If that had been the only
Safense the defendant would
have had TO come in there and do one
If two things, either plead
IConttnned on Fifth Po0e.I