Evening journal., 1893-04-27
THE DEFENSE FOR WARREN.

lnh Dhi hNDh IOh uhhhhhs
Lawyers Fiery Eioquence NIeits specta-
torsto Tears Much Sympathy for the
Accused.
special Correspondence Evening Journal.
DOVER, April 27-Court opened at o
o'clock here yesterday morning, the
jury came in looking more cheerful than
on pre- vious occasions, seeming to realize
that this was their last day Of con-
finement.
The first to open the argument was
Depdty Attorney General Branch II.
Giles for the state He spoke for more
than an hour. He offered several pray.
ers and cited different authorities on said
prayers. He then began his argument
before the jury. On the outset he said
that the state did not ask FOR verdict
of murder in the first degree. but rather
one in the second degree Objections was
raised by the counsel for defense as TO
an alteration that had taken place the
day previous to the affray on the ground
that the court had ruled out this parti
cular part in Tuesdays evidence The
counsel, however, withdrew their object
ion and the argument went on
The attorney general demonstrated
the different phases Of the law regarding
murder In the second degree The wife
and children Of the deceased listened
attentively TO his speech, aud several
times were moved to tears
Mr. Kenney, one Of the counsel for the
defense then offered prayers and cited
authorities for them He addressed his
appeal to the jury.
He reviewed the case thoroughly,
bringing out the evidence as produced
by both Sides and clearly demonstrated
that Warren was justified in committing
the deed
During his argument Mr.. Kenney re
ferred TO he wife aud children of War
rem aud they Ia turn, were reduced ca
tears They appeared comforted when
some point was maoe in he behalf of
the husband and father He closed bis
speech at II 10
At the beginning Of the session there
were not 50 many present. but after the
arrival OF the trains up to l2 o'clock the
court roOm hogan 10 fill up until every
available place. both for sitting aud
standing, WAS occupied
at the close of Mr. Kenney's speech,
Mr. Pennewill, the other counsel for the
defense read some of the prayers offered
|
Pennewil, the other counsel for the
defense, at precisely II 80 began his
argument. Mr. Pennewill's speech had
been long-looked for and when he com
menced the most profound silence pre-
vailed.
He clearly set before the jury the facts
in the case as corroborated by the wit
nesses on both sides He stated that the
evidence given by some Of the witnesses
for the state was utterly absurd, and
appealed TO the jury TO wisely consider
their evidence. he further said that the
state would have been far better of had
they not produced such witnesses. His
eloquent and pleading terms brought
tears to the eyes Of the family as well as
others in the court room. He closed his
argument at the end of an hour aud a
quarter.
The appeal was one Of the most abl'
ever heard in the Court House Of Dover
Every point was brought out clearly an'
distinctly. The speaker was fully ac
quainted with his subject, and in tn
best manner possible showed that he wa
bent on proving the prisoner innocent
His argument closed the defense an,
the court took a recess until 3 o'clock
, when Attorney General Nicholson mad
, the closing speech for the state
Effort. to Reach Verdict.
At 3 o'clock yesterday afternoon Attoi
ney General Nicholson made the closin
5 argument. He spoke for an hour and
B half Then Chief Justice Lore delivere
5 his charge TO the jury. The time occu
pied was fifteen minutes, during whic
{ the closest attention was given by tn
{ crowd that thronged the couT
{ room. The bailiifs were swor
in and the jury retired to thei
s room at five o'clock The first ba
/ lot taken resulted in seven for man
p slaughter, three for second degree an
t two for acquittal. The second was min
n for msnslaughter, two for second degre
and one fer acquittal. The third wa
g ten for manslaughter and two fo
acquittal this last one being taken a
9l5 The jury then seeing that the
would have TO stay there all night di
not take another ballot till after
I, o'clock which was for manslaughtel
/, The case Just closed has been of unusui
interest because Of the close relation
ship between the families