The morning call., 1894-12-07
VINEGAR ON HIS TONGUE.
j." GuiltIess Man Being Hounded
to the GaElows."
ANSWERED BY ATTORNEY COOK.
An Impartial! and lmpassionate Clos.
ing Argument Is Made for
the Prosecution.

WOODLAND. Dac. Cat no time during
the Worden trial were there such crowds
as are in attendance upon the closing
scenes OF the Hatch trial. People go early
In order to get seats, and those who are
late in arriving never get any nearer than
the corridors.
At $3.50 o'clock this morning General
Hart resumed his argument. lie was once
more In good voice and his tongue had evil
IDENTIFY been stepped in vinegar. His eX-
cOIiation of detectives, Judge Armstrong.
Supervisor Casselman and others was even
more merciless than ever. Casselman he
described as a railroad emissary, who
stands with his ear to the keyhole to hear
those who are testifying. He made vivid
word-paintipg of hired attorneys, persist
ent detectives and perjured witnesses,
backed by all that wealth. power and in
fiuence can command, bounding gulllless
man to the gallows, and then contrasted it
with the picture of despairing wife, an
affectionate sister and devoted parents,
hopeful but almost helpless on account of
the stings of poverty. Day after day they
have anxiously watched the faces of the
iurcrs for some indication of the thoughts
passing in their minds. Night after night
they have lifted their prayers to heaven
that loved member OF their family may
be sent out of the courtroom at the close
OF this trial without a stain upon his char
acter.
General Hart closed at noon. having oc-
cupied nearly eight hours in the delivery
OF his argument.
At 1,3O O'Clock Mr.. Cook began his argu-
ment for the prosecution. He began by
saying that the duty he felt called upon to
perform is the most painful appertaining
to the profession of the law-lnvOlves re-
sponsibiites that, as an individual, he
might well wish to avoid; but as an officer
OF the court he had taken an oath not 10
shlrk his duty. Mr.. Cooks opening was
very impressive, and was listened to in
breathless silence.
II am here" said he. mot to employ any
of the tricks of oratory or arts of eloquence
to persuade you to do anything that the
evidence does not compel you to do under
your oath as jury. 1t is no part of the
prosecution to appeal to passion and
prejudice or TO be influenced by malice.
1t is as much the duty of the prosecuting
officer to protect the defendant as it is to
protect the interests of the people. One
fourth of the cases tried by me during my
four years service as. Assistant District
Attorney were dismissed on my own mo-
tion because of a failure to establish guilt.
For twelve hours l have listened to the
argument of the defense, hoping that some
doubt would be raised in my mind. I tried
to divest myself of the feeling OF an at
torney and sit as juror. 1 have heard
nothing that shakes my confidence in the
1 of ha sod A h.
argument for the defense has been in the
nature Of violent assault upon everybody
connected with the prosecution save my
SELF General Hart knows l would not
lend myself to malicious prosecution he
knows l cannot be hired by any CORPORA
ton or any man on earth To persecute an
innocent man; but when l am employed l
will do my duty regardless of conse-
quences. but wholly uninhuenced by NAL
ice or improper motives"
Mr.. Cook deplored the frequency and
bitterness of the illusions of counsel for
the defense to special counsel employed.
and in reply apfly quoted the language OF
Daniel Webster in his reply TO a similar
assault upon him when he was prosecuting
McNabb for the murder of old man White
in Massachusetts. He urged the Jury to
acquit Hatch If, upon the conclusion of
the argument, there existed a doubt for
which a reason could be given. He didn't
want any man convicted of crime unless
the evidence fully established his guilt.
ga murder" said he. (which results
from the commission of felony, although
murder may not be premeditated, is never
theless murder In the first degree. 1t Is a
dastardly and atrocious crime for men to
obsruct or weaken a track in a manner
that must inevitably result in a wreck and
the loss of life. Samuel Clark and the
four soldiers killed on the 11th OF July
were urled to destruction without warn
ing, and the men responsible for that
wreck are guilty of an atrocious crime"
Mr.. Cook then directed his attention to
General Harris allegation that great cor
poration and not the people is behind this
| prosecution.
"Its trains" said he, 'had been stopped :;
| its property had been destroyed; its en-
| ployes had been murdered; the lives of its
passengers had been jeopardiZed. The
people demanded that the railroad CON-
| pany should take an interest in the case.
1t is its duty to protect Its passengers, and
without the evidence of the railroad Off
Gals and employees there could be no prose-
1
cuton in this case"
Cook next dwelt upon the injustice of
attempting TO iDflame public opinion and
arouse public prejudice by alleging that
the defendant is poor. while the prnsecut-
ing witnesses are slaves Of wealthy cor
poration. Quoting Harris declaration, az
use these bitter terms because / feel Bit
ter" Mr.. Cook sad mo attorney is
justified in using such an expression; no
attorney ought to harboT any bitterness In
this trial"
Cook then began a review of the testi-
mony. At 4:30 o'clock recess was taken
unit o'clock. Cook will not conclude
| before Tomorrow.
The trial of Appelman is set for Friday.
Hart and Gaddis have been retained for
the defense.