The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-02-18

Greayer was going for his gun" The only
man who could set this matter right is
Wondering in his grave. When men talk
about mercy for the living, something is due
in the way Of justice 10 the murdered dead.
Fo0te cOntended that with the exception
Of Harper himself. not q single witness had
testified 10 De GTeayeT's taking out his pistol
until he lay on the ground after the officer
had shot him. BE deplored the fact that
the defense had found 1t necessary to aSSail
the reputation of q dead man and OF a
woman engaged in the education OF the
Young. He repeatedly referred to De
GFe3yeT as gallant gentleman, COM
pliment which presently furnished the basis
Of some sarcastic references by Mr.. Knight.
AS soon a. Mr.. FoOte had concluded Nj
knight arose and made an imDasSiOned
appeal On HaTp5T's behalf. BE said that
Harper had gone further than the law re-
CURED IN proving bis good character That
vas not tie matter on trial; it was simply
whether Harper did or did not WilifullY kill
De GFeayer. But Harper had laid bare his
whole life to the assaults Of the prosecu-
ton. This cowboy, this bull-puneher Lad
produced evidence which left his character
as pure as pebble.
Counsel made some forcibIe illusions to
"an atmosphere surrounding the whole
business" of the visits Of De GTeayer and
Miss D0lan q The Cliff House ana Dickey's
and he F0urteen-mile House, and insisted
that De Greayer had on previous occasion
drawn pistol On waiter, the latter hav-
ing been impelled 10 raise a chair and
threaten 10 brain the young man. 1t was
here that Mr.. knight brought out the sar-
castle repetition Of the phrase gallant gen.
tieman," which FoOte had used, and asked
If the average waiter is not a much endur-
ing and patient man. lie claimed that il
was clearly shown by the evidence that De
Gresyer was n the habit Of carrying a most
formidable weapon. one which was worse
to look into than Big Betsy.
At this point of his argument MT. Knight
called for tie pistols carried By Harper and
De Gleayer, and proceeded TO compare
them. He was interrupted by a decided
expression Of uneasiness from his npghbOrs
and prompt suggestion that the charges of
the pistols should be drawn, As Mr.. Knight
had been flOurishIng the weapons pro
miscuous like" the point was held to be
we'll taken, and an expert on the jury
promptly withdrew the cartridges and re-
turned the weapons 10 MI Knight.
The latter took up De GreayeTs pistol
first, and spoke Of the witness Vandever
running uD against De GTeayer and remark
ing that there was pistol in his pocket.
This led TO d ,eply from De Greayer that he
was going 10 shoot ducks. us this" said
Mr.. knight. holding up the weapon ia an
aggressive way, is this gun TO shoot
ducks?"
Then he took Harper's pistol in the other
hand and stood in persuasive" attitude,
with his arms extended and both weapons
pointed over the heads OF the jury. why"
said he, this pistol of De Greayer's is of a
heavier callber, a more formidable weapon
10 every way than that which the officer
carried under the sanction Of the law"
Knight dwelt on The flppant manner In
which this gallant gentleman, while lying
at the hospital. had thrown down $50 gold
piece, the BOND required of persons arrested
for fast driving In the park. How did he
come 10 think Of the exact amount?
Upon what meat does this our Caesar
feed that he hath grown so fat?" This
man. even II he was De Greayer, was re-
quired TO keep within the law,
MT. knight concluded by claiming yer
diet Of seqnlttal for his client, poor man
whom De Greayer could have broken Of his
position If he had been in the right.
There was burst of applause as knight
closed, which was promptly suppressed By
the court.
When Foote rose to reply for the prose-
cutlon he instantly referred to this applause
and singled out one of the witnesses for the
defense, Anthony Richling of Oregon, as
The principal offender.
There" said lie. sits webfooted Ore
CONAN with the brand of perjury on his
brow lie has been imported here to save
this man Harper from punishment for the
crime of murder. l invite your attention
10 his hang-dog face at this very Identical
time" wa
The object Of this remark bore the con-
centraied gaze Of the crowd unflinchingly.
even when Mr.. F0ote went on to depounce
his testimony as lie.
Eoote continued: THE grass is even now
green on De Greayer's grave. Even If he
was the h0Odlum which he has been souoh
to b. pain ted was it for him to be killed NV
this almost hired assassin?
A reference by Mr.. Foote to De Greayer's
son, who sat behind the counsel for the
prosecution. caused the boy to burst into
tears.
Foote went on to criticize Mr.. Knights
structures on De Greayer driving with Miss
Dolan to the Cliff House. Dickey's and the
Fourteen-mie House "Whv," said be. "if
that is crime. my friend knight has been
committing it for the last fifteen years in
this county,"
Harper came in for some singing alu-
siOns at the close Of Foote'S remarks, and
a burning spot on the policeman's cheek
showed how deeply the remarks affected
him.
After recess the court charged the Jury in
the usual form and the jurors retired at
3:15 Mr.. Fo0ie was not present. having
gone to Sacramento to keep an urgent ap-
pointmsnt. The verdict, which was rem
dered half an hour later, was not unex-
pected, and Harper left the courtroom a
free man. amid the congratulations Of his
friends.