The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-12-07
WINFIELD'S BITTER EFFORT.
The Prosecutors Case Weak in Spite
His Eloquence and Skill,

The Prosecutors Case Weak in Spite OF
His Eloquence and Skill.
District Attorney Winfield looked ex-
tremely thoughtful when he arose say
ing:-"Before 1 can go on, must pay a
tribute to my eloquent young friend the
defendants counsel. Ii augures we'll for
the future of the bar to have such young
men so successfully conduct a case, and
L think now that we shall soon break
away entirely from the old tread mill
style of defense in this court.
Now, gentlemen. l must say again
what said in the opening OF this trial
Your oath to do your duty is registered
on nigh ana you must speak the truth.
With your hand on the Book, you have
appealed to your Maker to see that you
do so. Follow the truth and you can
make no mistake. for all society is based
on truth. If truth leads you to say the
defendant is guilty. say it; say it in be-
half of truth and justice. justice which is
half OF society, which eau only be pro-
tected by the punishment of those who
commit offenses."
THE MUTENEsS OF THE DEAD.
The Prosecutor next began sitting the
evidence with his experienced hands and
witty tongue. He said;-"Some things in
this case are admitted and some cannot
DO OCIlCQ. 1HC k1GoG CGuUId1 ldCU a0IQlC-
ted is tnat Charlotte Havner was shot to
death by her husband with revolver.
Though her mouth is closed by the
violence of that man." (pointing to Hay
ner), 'he is here 10 tell his story to save
his neck. 1t is not fair struggle be-
tween the State and this man. He can
tell his story, and she is mute and cold
and in the grave"
Prosecutor Winfield in strong terms de-
clared his disapproval OF the manner In
which Mr.. Simpson had brought to the
notice of the jury the absence from Court
of the wrapper worn by Mrs. Hayuer
when she was shot, but he did not at
tempt to explain why the gown had not
been offered in evidence.
WHO says" he went on. this man is
an epileptic? No one. Not a single wit
ness has proved it. He has his ailments.
no doubt. and so have we ALL" Refer
ing to conversation Captain Kelly
swore took place between him
aud Hayner, Mr.. Winfield said.
Tine defendant processes that he did not
know what he was doing when he shot
his wife and Adams, but he told Captain
Kelly that there was third party with
them and that he WAS going TO shoot him
too. but his pistol snapped andswoulup't
go off. II he knew that, ne knew then
what ne was doing.
SIGN OF WEAKNESS,
In regard to the plea of justifiahle
homicide. Mr.. Winfield said that if the
jury believed it, they then should bring
in "a verdict OF manslaughter, for the
law does not excuse killing, when an
adulteress is caught in her sin, but it al
lows for the passion of man and reduces
the punishment of the slayer. The coun-
sci for the accused has referred to
the case of General Slckles, (Sickles
killed Philip Barton Key 30 years ago.)
aud says he was acquitted, al though he
uld not Kill the man until he found him
in the street. The i'll that man has done
will live after him. If justice had been
done him he would now be sleeping in
the valley. can have no respect for
that man or any part of his miserable
carcass save what he lost in The battles of
his country"
Mr.. Winfield confined the rest of his
speech to the evidence and made strong
effort to explain away the points that had
been made by the defense. When he had
finished Judge Werts announced that the
jury would be charged today at half past
nine O'clock