The morning call., 1892-03-12
SIDNEY BELLS FATE.
Matt Brady's Continued Plea for
Second Trial.
The Evidence Fully Reviewed in the Light
of Observation-Disclosures Authori-
ties Quoted.

'sThe matter of Bell" was the old
familiar call in Judge Murphy's court yes
terday afternoon. as the presiding Judge,
with Judges Trout and Slack, occupied
seats on the bench. There was scarcely
standing room in any part of the space
ordinarily devoted TO the privileged ones,
and the unpriyleged many crowded in at
o'clock directly the doors were opened.
Matthew Brady, chief counsel for Bell,
consumed the first hour almost exclusively
In citing parallel cases which he claimed 10
furnish good and sufficient reasons why
Sidney Bell should have new trial. Bell
himself sat easy and smiling, wearing a
new spring suit. He did not look like a
man who expected to be hanged; far from
it. Dr. Easton sat near him, busy and
anxious. VIII Clemens was absent; but
the usual contingent Of women in search of
a sensation sat in a semi-cirele around the
now distinguished culprit.
"The matter of Bell" said Judge Muir
ply without any preamble, and Mr.. Brady
proceeded TO business. He had the entire
table covered with books of law, and took
them up leisurely as he pursued his argu-
ment. Iu reopening his plea for new
trial he said: when the court last met
the proposition that if a new trial is granted
the jury ought not to come to the same con-
elusion as at the previous trial. | respect
fully submit that il is impossible for one of
the judges now celebrating on this SOL
emn matter to arrive at the same c0nciu-
sion reached by that jury. 1t seems 10 me
that If this be the correct declaration OF the
law, beyond all question your Honors are
by law compelled TO send this case to an-
other trial jury"
CITING AUTHORITIES.
Mt. Brady spent half an hour in citing
authorities, and then suddenly broke into a
passionate appeal
'You gentlemen, you Judges, who hope
to pass from earthly life TO the spiritual
realm. are asked to deprive q. fellow-crea-
tnTe OF his life Oh evidence which the prose
cutlon knows to be false and which they
themselves would not believe II 1t i'm
peached their own honor or their own
friends. Has conscience fed, has man.
hood departed from the breasts and the
brains OF men on whom the community de-
ponds for safety and justice? Who Is this
man Bell, this Insignificant, miserable, SIN
polluted wretch, that for vengeance on him,
that for the qualification Of the laws anbl-
tion his death should be desired?
"Shall justice be made Infamous and the
rights Of man be dlsTegarded that his fellow
men may be indicated before the bar Of
public OpnlCn?
20 Justcel rise irreconcilable and unas-
sailable and smile with confusion every
man who puts his paltry, selfish notion be-
fore his hope OF duty!
THE voice Of the law has sounded il our
ears; the voice Of organized society has
here proclaimed this mans right to trial
by jury whose privilege II shall be to hear
all the evidence bearing Oh the question f0I
which he stands arraigned.
Now, the question is, Shall this voice
n IN Ucf l. hO
law. You, my feilowmen, exalted above
NE for the time being but on the same plane
of social standing, to you l look with con
fdeDce; to you in the last extremity l ap
peal, 10 you ! appeal as greater than those
who sit here as mere servants Of the law
AID l 5ay-yindicRte the right, respect tht
honor in which citizens hold you; act a:
men whose minds are not corrupt, but arr
as the temple of a stainless aud fearless
conscience.
A BRIEF RECESS.
At this point Judge Slack left the court
loom to receive the report of a jury and
recess of ten minutes was had.
On the resumption Of business Mr.. Brady
cooled Of for few moments and proceeded
10 quote authorities tending 10 prove that
man cannot be convicted IN the evidence oil
an aceompliee unless other evidence of
coTroborative character tends to counec
the defendant with the commission of In,
crime. Mr. Brady asked where such cor
robCrative evidence is 10 be found in the eyi
dence against Bell. He would say posi-
lively that there is no confederation within
the meaning Of the law.
That a murder has been committed Is
supported by the evidence. That Bell com.
nitted that murder there is no sort OF evil
Gence Campbell testified that he and Bel
went out as higEway-robbers or footpads.
That they waylaid and shot an honest nan
on bis travels Is open to dispute.
tHaW sinlDlp how IL IL m
such men from such places as the County
Jail to say that Bell, while In confinement,
told them be had murdered jacobson.
Brought fresh from felon's cell, such a
man as Schmidt or Campbell would be
ready without fear OF indictment and es-
specially with hope of condemnation, to tel
the tale that Bell had shot Jacobson.
QUESTION OF EVIDENCE.
"The evidence thus produced is corrobora
tive IN one sense, but is not such within the
meaning of the law. 1t has ceased to b.
legal The man who uttered 1t has ceased
TO live. Remorse has hurried him out o.
life W hich to him had become unsuppoTtabll
and terrible"
MIR. Brady went on to say: before
Schmidt went to meet the dread Power be
fore whom We shall all appear, his conscious
ness OF dying guilty, his know ledge that hi
perjury had endangered another mans life
made him feel that his ending would not b.
IN the odor OF sanctity. This poor. de
graded, hounded convict, Schmidt, desires
70 clear the stain from bis soul. Create
love hath no man than this said He win
surrendered himself to redeem the world
that he shall lay down his life for hi
friend Schmidt, In retracting his falls
testimony as TO the guilt OF Bell, offered VI
his life in expiation. With that he washed
all the outlines from his soul and became
entitled to sit with the blessed ones il
heaven. As solem:nly as he had given hi
testimony at first, 50 solemnly did he swea