The morning call., 1893-11-30
O'NEIL'S DEFENSE.
The Accused Will Go on
the Stand.
A Score of Witnesses Testify AS to
the Previous Good Character
of the Defendant.

The throng which has crowded Judge
Wallace's courtroom during the progress
of the O'Neil case was rather thinned out
by the expert testimony of Tuesday, prob
ably because limited voca bulary on the
part of the audience prevented it from
knowing whether or not its curiosity was
being gratified. But they were all back in
their usual place yesterday morning, when
the defense was to begin the examination
of its witnesses.
Attorney Carroll Cook made the opening
statement to the jury. In which he outlined
O'NeiPs defense as follows:
Sat this stage in the case" said he. "it
becomes the right of the defendant to
have his side of the case stated before
offering any evidence in its support. You
have already heard the case for the prose-
cution and the evidence they have intro
duced.
up to this point we have found case
which certainly presents very many curl
Gus circumstances. but the most that any
Of the witnesses have claimed is that this
defendant might have had something to do
with the crime. if a crime was committed.
No direct proof has been introduced, no
motive has been shown, nothing but an
OpluIOu tUdI ILLS utI6DQdDL
might possibly have done this deed. and
upon this as our ground we shall ask for
an acQuittal at your hand.
"Of necessity the evidence for the de-
tense must be of a negative character. We
shall show that ONeil did not know this
woman before; that they casually met on
the Oakland boat, and that at her solicita-
ton they went to this saloon, where she
was known, where she had been before,
and they had several drinks here together.
1--WE shall show that his reputation up
to this time was UnQueStioned by those
who knew him and by those who en-
plOyed him.
I'VE shall also show that the defendant
suffered from an accident in Oakland some
years ago. and that as a result of that,
whenever he drinks liquor, il affects him
peculiarly. so that, although not under its
influence, yet everything that he does or
that others may do is perfect blank, and
he has no recollection of the event which
takes place. We shall offer this in cor
roboratiOn Of the defendants statement
that ne remembers nothing that took place
In the wner0Om that night, and that he
does not know how he left there or how he
arrived at the prison.
I'VE will also call experts by whom we
will prove that it would have been posi-
Bile for Mrs. Critics to have inflicted those
Injuries on herself. and that it would not
have been possible for the defendant with
the means at hand to have committed the
deed. With this and other testimony
which we expect to introduce we hope to
receive an acQuittal at your hands,"
Something less than score of witnesses.
neigh bors and friends of ONeiPs, were
then called. all of whom testified to his
previous good character and his reputation
for peace and Quietness. Few of them
were cross-examined by the Distric. At
torney.
When the noon hour came quite num-
Der of witnesses were still waiting to tes-
tifv to ONeiPs previous good reputation,
but Judge Wallace decided that there had
been testimony enough on that point, and,
as the jurors had requested that there be
no afternoon session, the court adjourned
until Monday morning.