Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-04-06

only their duty. That was his WISH and he be-
lieved that their verdict would be one Of duty
to God and humanity.
JUDGE WILSON BEGINS
Mr.. Hoehling closed at LEO, having spoken
two hours and fifty minutes. He was followed
by Judge Wilson, to whom the court said i've
hours or more il necessary would be allotted.
Judge Wilson said that he did not believe that
he would occupy that much time.
Judge Wilson began his remarks by paying .
graceful tribute to his young associate. Mr..
Hoehling. to whom he believed the jury was
much indebted for a clear presentation OF the
testimony in the case. Judge Wilson said in
the early history of the law it was the duty Of
the government to both prosecute and defend
the prisoner. 1t was then the duty Of the
government to present to the court all the
evidence in the case, both for and against the
defendant Later on the defendant was allowed
counsel to defend him and the court appointed
that counsel Still later. the defendant was
permitted to select his counsel, and that was
the law OF this country. Because Of that right
he now stood in this court to do what be could
for the defendant in this case.
A FEW WORDS TO THE JURY
Judge Wilson said that for the first time in
his life he had to bear the burden of removing
from the minds Of certain iurymen opinions
which they said they had. Such burden embar-
raised him in his conduct OF this case. Certain
jurymen had remarks made about them which
left them under certain cloud of suspicion as
to their fairness. Heknew thatit would require
agreat effort on the part Of the jurymen referred
to to disregard such reflection, but he would
say to them, Do your duty regardless OF cir
cumstances, and then no man could say aught
against them. He then referred to the great
difficulty of a person in reporting correctly
a conversation heard and how much more
difficult 1t was for several persons to
repeat correctly the same thing heard
by them. 1t was the great stream
Of evidence which should guide the jury In
reaching their conclusion. 1t was the only safe
way to reach verdict. He said there were
discrepancies in the testimony of the witnesses
for both the government and the defense, but
they we're trivial. and such trivial discrepan-
cies did not break the current Of the main facts
in the case.
DISCREPANCIES IN TESTIMONY.
Such trivial discrepancies, said Judge Wilson,
were used by the government to discredit the
testimony of several witnesses for the defense,
notably in the case of Col. Holbrook and Mr..
Manning. But they did not prove that the
witnesses were lying They merely showed
how differently different people hear
the same thing. The testimony of Col.
Holbrook was then read TO the jury by Judge
Wilson. and what, he said. seemed discrepan-
cies in it were explained away. He did 80 to
show how easy it was to misrepresent one and
in order to remove all doubts to what really
had been said and get down to the real facts in
the case and its issues.
At this point, 12:15, a recess was taken until
o'clock.
AFTER RECESS.
The fact that Judge Wilson had begun his
argume mt had the effect of crowding the court
room after recess more densely than at any pre-