Arizona weekly citizen., 1893-02-25
Arguments of Both Sides in the
 Kibby Trial.
Judge Wright Makes n Brilliant
 Effort.


 weary after their term of confinement
 over Sunday and 1t YVES quite evident
 that there was not barber in the party
 As the legal foundation Of the case
 MT. Hereford predicted the judges
 charge by saying that the verdict must
 be one of three tbings:
 Guilty as charged in the Indictment:
 Guilty of Manslaugnter, or Not Guilty
 by Reason of Insanity" From type
 written papers he read instructions to | the effect that the law holds that a per son is presumed to be sane until the
 contrary is proven by preponderance | or the whole evidence in the case and | that If the husband discovers his wife | and paramOur ln the act of Wrong-doing he may take the lives of one or both and
 be deemed guilty only of manslaus hter, but if upon being informed of the matter 1 he pursues his victim and takes life then the crime Is murder.
 He said the evidence of Mrs. KibOy was only allowed as showing cause .or her husbands insanity and that even if the pro ecution by lhe testimony of every man, woman and child in Florence had been able to disprove her evidence 1t would be inadmissable only so far as 10 prove that she lieG to her husband.
 He reviewed the evid, nee of the impor- tant witnesses and drew the attention of the jury to what he consider, dis crepancies 1n the statemt nts of MT. and Mrs. Kibby, dwelling strongly upon the statement tn t all the evidence which tended 10 show insanity on the part of the defendant had been submitted oy the husband and wife themselves that the testimony of Judge Kibby Attorney Gen. Wilson and MT. Paul were all Q support to the theory of sanity of the prosecution.
 Judge Baker next addressed the jury m stirring appeal in behalf of the de- feIdent. He spoke rapidly and earnest iy, Tn loud tone of voice, frequently bending his knees until almost upon bis haunches then suddenly springing up and ge5ticulajing freely with both hands. He addressed several of the jurymen separately, and as body made strong appeals to their manhood, honor and intelligence. The principal point which he brought 10 notice was the fact that the law IS that if the defendent vas in- sane at the mOmept of the killing then he Is innocent of the charge of murder. "He may have been sane ten mInuies before the shooting and he may be sane now but that does rot" said he, "just fy C nvictiOn. The line where sanity ends and insanity begins IS infinite Imaliy fl e and long drawn out, 1t Is like the line between twilight and night, no man can say he can teii where one ends and the other begins. It Is not necessary that a man be a drlvelliug idiot, tearing his hair and shooting wildly at everybody to be insane, but may be so on one partic- | ular subject and for time only"
 He cited the cases of Gen. Daniei Sick | les, aud others in New York, Oh O and l Tennessee who had killed the seducers of their wives and who are today honor l ed and respected. He pictured the ter rlble mental agony of the accused and | d Felt upon the naturalnass of his m1nd | being so far di turbed by the story of | hjs wife as to make his actions upon the | day of the shooting Oey or control. He ! took up the argument of the district at torney who prect ded him and had called | the attention of the jury to the fact tnat | the old pioneer Ar!zonans did not 90 in sane wh n they found their wives rava- ged ard their homes destroyed by he | 4 pache marauder7 but seized their rifles. | drew their six shOo' CTS and went on the | trail of the sassins.
 To this argument Judge Baker re- pied T fail to see the difference be- tween the pioneer who goes gunning for the savage and the husband who shoots the seduc of his wife except that I prefer the savage. Give me the Apache every time rather than the man who SC. cures his eatry into my family as my friend, who meets me every day, greets me wit1 smile a d hand shake and 5ben in my absence sneaks into my house and robs me of what prize most highly of everything on earth, the love and honor of the wi @ of my bosom" In with the testimony of pr. Denslow," he said, 'the prosecution can offer nothing but the insinuation that le has been but few months in Ariz ma. What if he has not? That argument which am meeting every day m my OpsIness and private life, makes me sick. A man comes into this poor Apache-ridden territory of Ar Zona in good faith to make It bis home and some worthless fellow siys here is man who has only been here & w dayS he is no good" 1 say that Dr. Denslow upon the stand demonstrated hat his intellect was far superior to hat of his cross examiner"
 Judge Wright also for the defense ollowed.
 Slowly, distinctly and impressively, he irew for the Jury picture after pic, ure, 'eminding them of the principal scenes the tragedy. Frank Kibby's 7arying plans and fuctuating ideas of what he should do ia the circumstances vas reset before them. The fact of the not asking Kibby what he wanted the revO yer for was considered most signifi can't. "There was" said Judge Wright. that aUout Kibby that | ; le knew not of himself and could not , lelp, but ehich made an impre sion so srt at upon this barkeeper that he will lot forget 1t until he is dust unto dust" 1 The action of Kibby in withdrawing the { ,harge from the Winchester, his cenver- ation with his wife in their house ID re- ,ard to her gong to live with his mother { ,nd many other Of the most important ( actors of the case were alluded to as ending to show ihe diseased COT dition ,f the defendants mind on the day of he homicide. Before the case IS gwen to the jury as must be tonight, Judge Campbell will irgus for the defense and Judge Barnes or the pr" "secutiOn. It is likely Judge Sloan's charge will be brief
 
 Buck1en'S Arnica SalNe The pest save Tn the word fOi out