The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-02-04
MURPHY TRIAL.

sometimes there are two sides to an
;..,ruction. Reads extracts from I'M
.t-,et;ons al folIows). The Court in
...,cts the Jury that while willfulIness
.nd corruption in giving false testi-
.,onv i one Of the elements Of perjury,
tbese might be inferred from satisfac-
80 evidence Of such facts, nor is q
msre want Of motive or interest 70
swear falsely q sufficient ground for
resisting this inferauce.n 1.-THE Court
;nstructs the Jury that an oath is will
III when takenin consideration. 1.-THE
Court instructs the Jury that the bur
den Of proof rests entirely on the
prosecution, and that the defendant is
untitled to the full benefit Of any rea-
sonable doubt
Now, gentlemen Of the Jury mark
vot-zunder these instructions you
mnst believe that this defendant swore
Il This statement knowing it to be
false. and that he did not honestly be
lieve il. and that it was untrue at the
time Of making it. That instruction
on its face could hardly be made
stronger. Now, then, when you shall
have retired to your Jury room, re-
member We ask you for all possible
sympathy that can possibly be given
il any case; we intended to ask for it,
we.are going to ask for It, and We are
now asking for it. Whyf Because
lie deserves ii. There are times when
Courts of Law should govern al
crimes, but, Gentlemen Of the Jury,
have no hesitaacy ID saying that this
crime, and that this prisoner deserves
at your hands an unusual amount d
sympathy, an unusual amount and
Why J ] have already stated ho is be-
fore YOU as victim. He is before
you as one Of two brothers. He is be-
fore you in condition and IN way
that he has no advantage. He has been
in positions that he has not had the
opportunities, o. the evidence might
have been even stronger than it was
He is before you in the capacity Of one
who has been wronged, not acriminal;
Of one who has been suffering the
miseries Of confinement for no earthly
reason, and he stands before YOU ask
ing at your hands just acqnittal.
Gentleman Of the Jury, the State may
mock sympathy Of the defense, and
whatever opinions there may be, it il
just to remark that not only the law
Of our land governs such cases but
there is Judge even more Supreme,
there is Judge who has extended tbs
tenderest of sympathy. | ask for him
all the sympathy possible as I claim BIG
deserves it, and there is no use to come
in here and try to mock sympathy,
Gentleman Of the Jury, you must re.
member that even after the bitteresi
trials, and after the bitterest hardships,
the meek Saviour of this world had
sympathy for Peter who denied hin
thrice. Why is not identified to sym
pathy9 Why gentlemen he deserve,
ii He did not come into West Virgin
ia for the purpose Of having any Of q
citizens punished, he did not come in
here with the idea Of misleading any
Courts, of making corrupt statements
He came here as stranger IN oul
midst; he attended to his business
none will dispute that fact yet in hi.
Just duty he witnesses this occurrence
and stands by the bedside Of his hal
brother, as he has told you, until hi
departure, and he has all that as /
mark to illustrate to the people Of thii
County what orr citizens do will
4 strangers when they come. He is held
un to the world, to the County o
Berkeley, as the remains of what on
citizens can leave; yet deserves NJ
sympathy and is Knocked for even shed
ding tears. If that man don't shet
tears, who will, when he thinks o
his position, and how he ha
been so situated, how he has beef
placed in that position, the caus
Of it, what else could he dot /
there man in Berkeley county SO in
human as to deny or rldicule tina
mani AS a stranger here, claim 70
him far more consideration than fot
even myself or any other citizen Of ou
town, not from the fact that we ma.
be peaceable and law-abiding, no
that we may be spread broadcast a
honorable men; but from the fac
that he is here to-day at your mercy
/ He has been at the mercy Of the PEG
yple Of Berkeley county from the da.
he came here almost, yet a victim. H,
could 60 into the magistrates court
and he could make statement on til.
l9th day Of August, yet he could run
At large all oyer your town, talk i
whom he pleases and do what h
Z IN - 4 49,