The record-union., 1894-01-17

streets Sunday and suggested that they
go TO Walker Burke's. Qpon that sug
gestion being made by him, Collins and
Morgan started off in that direction and
| Halpin and McNuIty followed few
PAGES in the rear. They had proceeded
but short distance when Halpin saw
McNulty draw his pistol, and he Hal
PIN then called TO Collins, Look out for
the gunr' Both Collins and Morgan
turned suddenly around and McNulty
fired instantly, hitting Collins under the
| left eye, causing his death within an
hour thereafter. At the time the shot
was fired Collins and McNulty were
| about six yards apart.
| Conceding that McNulty's version OF
the dispute. the insulting language and
the desire on the part of Collins TO light
him, and his own great desire for peace
! be true, the fact that Collins was walking
away from bim alter the dispute and only
turned around VIXEN the warning was
given, demonstrates clearly that McNulty
was not shooting in selt-defense.
Much sympathy has been elected for
| McNulty by his friends, on account of
the beating ne received the day before
Saturday. / have examined that feature
OF the case with as much care as | have
given to the occurrences of sunday. On
saturday the HaSkills and the saloon
keeper, Brown, were the sole aggressors.
/
| single-handed fight, but gave it up. All
the evidence, except that of McNulty
himself, shows that he. and not Collins,
was the one that desired the fight. But
let that be as it may, ii is admitted by all,
McNulty included, that Collins did not
modest McNulty, nor did he take part in
! the row. He was simply considered a
friend TO the Haskills and belonged to the
| Haskill gang. Collins and Men ulty had
! | =
unfair to hold Collins personally respon-
Sible for what the HaSkiliS and brown
did in that respect, SO long as he IN no
manner participated in it. Collins was
not afraid to fight McNulty single
| handed, but, from the evidence, was not
/ anxious to do so.
This trial took place four months after
the killing of Collins, thereby giving Me-
| Nulty and his counsel ample time to
know the facts IN the case, at least so far
! as McNulty himself knew them. From
what Wilson now says it is evident that
/ he was thoroughly deceived, ii McNulty
was not insane. ON this plea of insanity
NcNalty attempted TO deceive the court
and the jury, ana he then attempted TO
deceive Governor Waterman and myself.
In fact, he practiced this glaring decep-
| ton upon everyone for more tnan four
years, and only after all attempts in that
direction had tailed did he decide to tell
| the truth about this murder. l am salts
| fled that he himself knew that the true
statement of the facts would not warrant
the theory of selt-defense; therefore, he
voluntarily conceived this fabric of false
hood and then gave it to his counsel as
the facts in the case. Now, if he was not
insane, and if he was not justified in kill
ing Collins on the grounds of self-de-
tense, what is there left for me to con-
slider?
am thoroughly convinced that he did
not shoot Collins in selt-detense, nor do
l find any substantial facts III this case
that would justify him in taking the life
Of human being, as he did that of his
victim.
have given this case the most careful
consideration that it is possible for me TO
bestow upon it, and that, too, without the
slightest prejudice for or against Nc
! Nulty. | have considered every fact and
every feature OF it with the same absence
of bias, as though it had never been be-
fore me until now. Impressed as | am
with the merits of the case, l do not
think it proper to interfere with the ver-
dict of the jury and the judgment of the
court, and, therefore, l must decline to do
so. Very respectfully,
III, III, MARKHAM.