Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-24
THE sELF-DEFENsE THEORY.
Outlined in the Opening Speech Of Ar
nold's Counsel.

THE SELF-DEFESSE THEORY.
A Outlined in the Opening Speech Of Ar
nold's Counsel.
A CROWDED COURT ROOM LISTENS TO MR..
TUCKER IN THE ARNoLD-1SANzR MURDER
TRIAL roDAY-THE CHARACTER OF THE Ac-
crsEp DEFENDED.
On the opening of the Criminal Court Jus
tice McComss) today for the trial Of Theodore
s. Arnold for the murder Of John Kramer June
Is last there was a well-flled court room The
prisoner sat with his wife. while her mother
and sister sa. directly behind him
Before entering upon the arguments Mr..
Davis, for the defendant, submitted a PRAYER
recast on one of those previously submitted
Mr.. C. C. Tucker opened for the defendant,
stating that the whole theory Of the govern
ment was that Arnold said something to induce
Kramer TO come back and then shot him.
the testimony for the government un-
til Godfrey came on the stand after
the defendant had commenced his testimony.
DIR. Godfrey testified that he had heard Arnold
say to Kramer, IF YOU come across here"
The government had argued in this phrase as
though the word III hsd been omitted. The
statement that deceased called police" was
untrue, for il Mrs. Watson and
Mrs Ballard who had called. The
testimony of DR.. Shaefer, who made the
autopsy. corroborR.ed the statements of the
defendant as to his manner Of shooting. and
Mr.. Tagsart had argued that the course of one
OF the shots was downward. when the autopsy
showed that it was q straight shot. Mr.. Taggsrt
had claimed from the testimony of Yeatman
and Sikken that the shown TO be one of
deliberate murder. but he (Mr. Tucker claimed
that the testimony bore out the theory Of the
defendant
WAS ARNOLD IN DANGER?
He read from the record that Arnold said
"You must not talk to me tina. way" &c, and
that Kramer went on: in the street and re-
turned several times. and that Arnold said
after threat from Kramer. if Kramer came
back he would kill him. The question for the
jury WIS as TO whether Arnold had a
belief that he WAS in danger when he fired. He
claimed that the second shot was fred after
they were clinched and when Kramer had hold
Of Arno!d's wrist. After reading from the testi-
mony before the coroners jury Mr.. Tucker
claimed that the conversation the corner of
5th and L streets was opened by the deceased.
Mr.. Tucker. after referring to Arnold's past
life. in which he had been engaged in intel
lectual pursuits. said that his GOODNESS on
the stand did not indicate that in a physical
contest he could be SO calm. They had not
shown that he had been in the habit of carry
ing q pistol and up to yea- and
u ual1 ago ne Q6u DOrDe a 1alr character.
Then he had fallen many have fallen before
but it was not on a charge OF immortality that he
is now being tried. He tells frankly OF living
with this woman In Cincinnati, Los Angeles
and at Mrs. Sweeneys, where he says he lived
until about the LIST Of May.
Mr.. Tucker said his theory that Kramer
was that evening frenzied and he claimed that
the contents Of hramers trunk, filed with
anarchistic literature, showed the manner Of
man he was-a carrier of vitrol, threateuer-
and Arnold knowing this naturally concluded
that Kramer had a knife. Arnold sknowledge of
the Police Court cases against Kramer. OF his
carrying a revolver, &C.. also warranted his be-
lief that Kramer intended bodily harm. Mr..
Tucker read from the record some OF his threats
to fix or get away with the man who had got his
wife away from him.
THOSE LETTERS FROM THE JAIL.
Referring to Arnold's infatuation for Mrs
Kramer and the letter he wrote to her from the
jail, Mr.. Tucker said that Arnold was a lawyer
and therefore more than usually interested in
his own defense. He may at times have
thought that his counsel were neglect
ing him and imagined that they
we're not doing all they should or could for him
Arnold knew that Mrs. kramer's testimony could
hang him or clear him. He knew that she was
. woman who could be influenced BY whoever
at the time was her lover. He knew that Cape
hart was simply playing the lover to the woman
tnat ne might influence her to testify against
him. Arnold knew that Mrs. Kramer would
be called before the district attorney and
required to make sworn statement. even
though such proceeding unauthorized
and without warrant OF law. Certain things,
rejecting on his morality, which any man
would properly desire to be kept back
Arnold requested Mrs. Kramer not to mention
He had right to make such a request 1t was
not an unlawful altering of evidence. but
merely the desire OF a man anxious to hide mat
tiers which he then deeply regretted. of which he
was then heartily ashamed. Knowing her
full well Arnold sought to arouse in the woman
some of that regard which he supposed she
formerly held for him, and thus aroused be-
seech her to help him. But he him self then
had no such feeling for her. nor did he truly
speak from his heart when he wrote that after
his trial he would seek divorce from his wife
The evidence. said Mr. Tucker disclosed the
fact that kramer in marrying his wife simply
sought to crafty q british and sordid nature.
He had no love for her, and had not only
threatened to do her harm, but had also threat
ened Arnold. These threats had been commu-
nicated TO Arnold, and because of them he had
armed himself
Before Mr.. Tucker had concluded the court
took recess at 1870 until lis. He con-
Guided shortly after recess with an
element ssp appeal for Ss the ., noat of his
believed that his life was endangered when
kramer approached him on the fatal evening.
and was, therefore, justified in killing Kramer
But even If the jury had but a reasonable doubt
as to Arnolds motive in firing they should
acquit.
MIR. DAVIS BEGINS HIS ARGUMENT.
At the conclusion of Mr.. fuckers argument
he was followed by Mr.. Henry E. Davis, also
for the defendant. He said he appeared be-
fore the jury in the highest character
OF the lawyer, as one who appealed for
the life and liberty Of another He
appeared did Arnold on the fatal evening
when Arnold, to save his own life sent the soul
OF kramer to meet Its God. Mr.. Taggart had
said that Arnold was q man utterly devoid
OF morality, a vile. black-hearted man.
1t was true, too true. that ON the brow OF his
client was horrid black seam, for the REMOVAL
OF which he must look to his God
alone. He had done a triple wrong; he
had wronged the dead mans wife, he
had wronged himself, and he had
wronged the noble, devoted wife who had
throughout the long trial sat beside him. But
such sins had tinged man from the times
OF the Bible down to the present day.
Fox, Nelson and Parnell in England
and Washington, Hamilton. Clay and
Webster in America. Greatest Of great
men SHINING, but did any one ever dare say
that such men were utterly devoid of all good?
M caid NJ no,-; l.