Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-17
The Impression Is That the Verdict
Will Be Manslaughter.
BOTH SIDES MAKE ABLE APPEALS.
More Ct Edward Rahm's Letters to Cora
Redpath Produced.
OTHER NEWS OF THE COUNTY COURTS

impartial, of course, but the weight of il
the counsel on both sides admitted was In
favor of verdict of guilty of manslaughter.
The behavior of two of the jurymen during
the speeches of counsel indicated that at
least they had grave doubts of the defend
ants guilt. From this circumstance and
some other facts the belief that the jury
will, if it convicts at all, go no higher in
the scale of crime than murder in the Sec
ond degree became general in the court
room, despite the able and determined plea
of District Attorney Burleigh for verdict
Of murder in the first degree.
The courtroom was again uncomfortably
crowded, and great many women sat and
stood through the final proceeding. The
defendant was calmer than on the preced-
'lg days, though the eloquence Of both his
ounsel compelled him to tears His nerv-
BUSINESS showed itself again near the close
IF the Judges charge, and it was noticed
oy some of the officers of the court that for
several minutes he riveted his gaze upon
The revolver which Mr.. Burleigh had laid
beside him on the table opposite the de-
fendant. 1t was thought by Assistant
Superintendent of Police Glenn that Gar
vim for a minute intended to throw himself
,cross the table and seize the weapon. But
40 such tragic incident occurred.
An Able Plea for Garvin's Life.
Z NJ. Marshall, j., made the first speech
or the defense. He spoke for 2 hours and
Il minutes He reviewed all the testimony
detail, laying particular stress upon the
cumulative evidence of insanity before and
turing the commission of the deed. Dr..
OILERS answer to the Hypothetical ques-
ION, which amounted to a declaration that
Iarvin was mad when he shot his wife, was
mother of Mr.. Marshall's points The
whole address was mainly devoted to the
establishment of the insanity of the de-
endant. 1t was delivered with consider
Ible rhetorical ornament, and the jury's
iympathies were evidently awakened The
iourt adjourned for dinner at its close.
at 1:20 the Hon. Thomas NJ. Marshall began
o speak and continued till 2:50. 1t was a
emarkable speech for a veteran, who incl
lentally let fall the fact that he was 73 He
Iegan with citation of authorities in sup
port of the points he submitted to the
Court. all of which, but one, Judge Nc
Glung subsequently affirmed. Condensed,
be six points affirmed were that all murder
las presumed to be second degree till a
igher degree was proven; that all elements
crime charged must be shown to have
xisted in the defendants case; that if the
,risoner were shown to have lost his self
etermining power he must be adjudged
insane; that weight of evidence was not
nough to decide in criminal case, cer-
ainty being requisite; that jury could use
is knowledge of human nature as well as
vidence in deciding case, and a reason
BILE doubt, as defined by Mr.. Marshall,
hould secure acquittal
Aouotation From the Scriptures.
Next Mr.. Marshall quoted from the Book
Numbers, chapter 5, the mode of trial
,rescriSed for women whose husbands were
eaious of them. From this Mr.. Marshall,
With his wonted energy, launched into
Characteristic appeal to the jury's hearts
He said that the world was ruled by love
nd fear. Young Garyin had been thor
ughly under the sway of love, love for
ora Redpath. His intimacy with the dead
lrl was described in detail. She was more
o him than all else. When she came back
o him from Chicago Frank Garvin thought
IL was well; his love for the girl was a
lbric of heaven, the future was all SUM-
ight, with the odor of flowers everywhere.
took but day to shatter this structure.
reduce it to dust and ashes, to show it to
all lies and horrible mistake. He did
ne most natural thing, he bought a pistol
put himself out of his misery. Then in
moment of madness, provoked by his
ife's cool resolve to live life of shame.
turned the weapon upon her. That he
as insane ard yet showed certain amount
method Mr. Marshall contended was
kelly enough, aud he cited parallel cases.
lie gave powerful description OF Frank
arvin's despair and madness after the
eed, and wound up with an impassioned
ppeaI to the jury for justice.
Mr. Burleigh's Determined Appeal.
District Attorney Burleigh said that any,
ne who had straegled into the courtroom
urinc this trial would have imagined that
ora Redpath was on trial and Frank Gar
in merely there as some brilliant orna-
lent to society. But as matter of TACT
ora's reputation was untarnlshed, and her
lurder was as brutal and cowardly as any
yer committed in the county. If she were
he worst woman in town, had Garvin
he right to kill their wives, or wives their
usbands upon suspicion OF infdelity? If,
Mr.. Marshall had said, even the hyena
we'd its young and protected those it
we'd, the logical deduction must be that
Ie prisoner was below the brute creation.
he defense had tried to make the prisoner
opear to be good little boy whom bad
oman had led astray. He ruined by 16.
sar-oId girl!
In red-hot language Mr.. Burleigh de-
ribbed Frank Garvin's intimacy with Cora
edpath. If the girl was bad, counsel said,
le defendant was, upon his own testimony,
sponsible Upon the admitted evidence
the case, the prisoner must be guilty of
urder in the second degree.
The Tragedy Enacted in Five Minutes.
The most significant part of the evidence
as that Garvin's sister testified that on
ridav morning, W hen nobody knew of any
Iarrel between the newly-married pair,
e defendant came down stairs with his
at and hat on ready to go out, and then
srted back to his room. In the five
inutes which ensued before the pistol
OTIS came the prisoner must have done all |
expostulating, the taking off of Cora's |
oes, ETC., which he said led up to the |
ootinp. Then the door is found to be |
cked The prisoners memory con-
niently skips over everything that oc-
rred in that room from one minute before |
one minute after the shooting.
Mr.. Burleigh doubted the existence of the |
ihm letters or the watch and bracelet, |
1t granted that If all this extraneous mat |
was true it would be no defense. He |
sisted that the burden of proving the |