The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-05-11

Court, and the foreman announced that
they had agreed on verdict of man
slaughter.
Judge Lipp incott expressed himself as
being heartily dissatisfied with the ver-
dict.
He sentenced Givens to ten years in
State Prison.
When The NEWS went to press yester-
day afternoon, Counsellor Harry Wills.
who. with Judge Thomas E. Noonan.
represents the prisoner G1vens on trial
for murder, was summing up the cyl
dence. MIR. Wills made an exhaustive
review, and 1t was admitted on all sides
that he had not lost a single point nor
failed to take advantage of them. There
was nothing fiowery about the effort. 1t
was plain statement of the facts and
logical arguments concerning the came.
In addition to the points noted in yester-
days report he alluded especially to the
fact tnat Givens had a chance to follow
Ward behind the ice box and shoot him
i
tention of the jury to the fact that. &C
cordlng to Fritz ReidePs testimony, both
shots were fired by Givens while the lat
Ter was standing in the street, whereas
there was evidence to show that the
shooting took place in the a!leyway, and
DIR. Culver had sworn that according to
Reidel's story as to Glvens' position IL
| would be impossible to iufiict such a
| wound, The testimony Of Charles Well.
to the effect that he saw Givens go to the
| mouth Of the alleyway, yet said nothing
about seeing Ward come out, and that it
was two minutes afterward that he
heard the firing, was also recited to the
| jury ana great stress laid upon 1t.
MIR. Wills consu med one hour and
three quarters in reviewing the testi-
money. By this time Judge Noonan
has appeared. A dozen or more pom
| derous legal volumes lay before him
when he began to address the jory. 1t
| was then three O'Clock. It was seven
| O'Clock when he concluded.
JUDGE NooNAN'S EFFORT.
Before leylewing the testimony, which
he did substantially as Mr.. Wills had re-
viewed it, the Judge spent nearly two
hours in explaining to the jury the diff
| ference between murder and manslaugh-
| ter aud then launched upon the plea
that the shooting Was done in self de-
| Tense. He cited authority after authority
| In his explanation of what constitutes
murder, and endeavored to show from
the testimony. that the shooting was not
| the result of malice borne in Givens's
heart prior to the tragedy. There were
two theories. The States WAS that the
shooting occurred on the sidewalk. Tha'
| of the defense was that the shooting oc-
CURED in the aileyWay. More than once
| the eloquent judge alluded to the refusal
OF the Prosecutor to submit Wards own
1 ,%a NJ ha afF0 of
clusion OF his address, he dram atically
shook his fiatsat thesProsecutor and dared
MIN to submit it. Aud yet, citing testi-
| mony, he alluded to the fact
| that the prisoner, whose life
was at stake, was not afraid OF in
curing the awful risk involved in facing
Ward before bis death. He wanted 6o
| go to Ward Ward, lying in the shadow
OF the great white throne. with the limit
less expanse of eternity stretching out
before him, could expect no mercy from
God if he told a lie that would take an
other mans life.
STRONG PLEA.
Although fatigued with the exertions
of the past three days, during which
time ne claimed he had but little time TO
sleep. the Judge threw his whole heart
and soul into his address and pleaded as
though he was pleading for his own life.
He said he was defending a mans life,
and he felt the awful responsibility. He
was defending poor man VINO was un-
able to employ counsel. The Court had
appointed him and his associate to de-
fend that mans life, and ne felt the awful
responsibility. His address, though
tedious and lengthy. at times was bright
ened by oratorical flashes that held his
listeners spellbound.
PASSION AND MALICE.
He explained the distinction between
| oil cifad fipa
to show that both could not exist III the
mind at once. AS to what provocatioD,
even though he struck the first blow,
Givens had for the use Of the pistol, pro-
vocation which had not allowed him time
for his blood TO cool, the Judge said:-
"He had been Knocked down several
times, beaten while down, choked. He
didn't know whether one of his eyes was
in his head or not, and he could not well
see out of the other. His lace was bat
tered; ne was streaming with blood. His
pants were down around his legs. He
was helpless. He said, 1 have had
enough He was followed up and his
face smashed. Great God! how much
must man endure before he has sutn-
cient provocation to shootr
At other times, especially toward the
last, for 1t was growing late, the Coun-
sellor seemed to be talking with view
to being called down Tor adjournment,
in order to be allowed fresh attack upon
the States testimony.
The defense consumed six hours in
summing up.
A DOING LION.
Meanwhile Mr.. Winfield sat at his
table, at times apparently toying with a
rule and piece OF paper. occasionally
running his fingers through his bushy
hair. Now and then at some important
allusiou by the defense at testimony he
would draw toward him the sheets of
| type-written testimony and underline
certain words. He reminded one of q
| lion doing with one eye open.
THE PROCEEDINGS THIS MORNING.
| When Prosecutor Winfield faced the
| Jury this morning to sum up the
case for the State, nearly every
seat in the court room Was
occupied, The patlor of the prisoner
was more n oticeable than at any time
since the trial began, this howo YER, may
1 be partially due to some throat or lung
trouble. as the prisoner frequently
4 clears his Jhroa5 and exuec crates.
/ WINFIELD's SLAsHING ADDRESS.
Prosecutor Winfield liter lily tore the
testimony and arguments Of the defense
TO pieces, For himself the Prosecutor
said he was willing to stand by the evil
| dence In the case, and not sargue from
alleged facts. 10 misquote from
| the evidence was not only
lunprofesslonai, but absolutely dishonest.
/ He had absolute confidence In the inselli-
genc4 and integrity OF the jury as ciul-
i zens. 1t WIS acknowledged that Givens
killed Ward The question was, Why?
THE VICIOUS CARRY WEAPONS.
Atteul nts n All beer made to ustifv him