The herald., 1894-11-23

that the purpose TO kill Willism Hunter
and Mary Hunter, II such . purpose did
exist In defendsnt's mind, was formed
and existed in the mind of the defendant
sfter the killing OF Emily Craig, then
the court charges you that the evidence
OF the alleged gu bseq uent homicide cam
not be considered by you at all in max
ing up your minds as to the guilt or
innocence OF the defendant az to the
killing of Emily Craig.
"In other words, you must believe. be.
yond reasonable doubt. that the killing
OF William Hunter and Mary Hunter by
the defendant (if you find such to be the
fsct) was done in pursuance OF purpose
or plan preconceived and premeditated
by the defendant before the shooting of
Emily Craig. and that the several al.
legged homicides were committed in the
execution OF such preconceived design.
and grew out of the same motive, and
that such motive or purpose was to kill
and murder said several persons: and if
You have q reasonable doubt upon this
matter you must give the defendant the
benefit of that doubt and reject the evil
dence of the subsequent homicide en-.
tirely."
CLOSING FIRE OF THE PROSECUTION.
Henry T. Gage. in beginning his are
gument, while acknowledging the kind
things said of him by Mr.. Guthrie. re-
pudiated tine position in which counsel
sought to place him. He never had
taken q mortgage on any mans life, and
in the case at bar he claimed his only
desire was to subserve the ends OF JUS
tice.
As the time for adjournment was close
at hand, Mr.. Gage did not proceed to
examine the case in detail but IN its
broader and more general outlines. He
wanted to know,,if Craig was so passion.
ete!y devoted &c h:s children, WIZ he
did not sue out Q writ of habeas corpus
and have his children brought into
court? He got $25 from the marshaPs
office, and that was more than enough
to defray any cost.
"Then," said Mr.. Gage, 'did he seek
honest advice and state his case fairly to
the several lawyers he talked with He
is Q shrewd man, and If he had arranged
q preconceived plan We should see just
some such train OF facts as have devel-
oped. He called the lawyers to prove
be had sought advice, and they each de.
clared they had never been informed Of
the facts in the case, or Of any differ
ences existing"
Somehow the defendant never did
Just what he started out to do. He
went to Psyne's and asked the daughter
where her father was, and when he
learned he Was in the field said ''I'll see
him as l come back" He could have
got Payne in 10 minutes, and yet with
the companion he was seeking to 60
along and see everything went fair, just
at hand, he didn't take time.
"rhen he tells Bowler, when 1t is said
he was overwhelmed with the situation,
GO and get the gun. know the law
and have to make Defense How did
Craig know there was q white handled
revolver in the house? L will tell you,
said the counsel, in his own testimony
he spoke of the weapons in the house
and enumersted them Would 1t not
have been more sensible, queried Mr..
Gage, for George to have taken one OF
the other weapons mentioned by Craig,
than arm himself with a revolver that
had barrel that wouldn't act?" He
inferred from this that Craig must have
known George Hunter was unarmed,
though if he was he, at the time, was
acting within hie rights.
Argument will be resumed this MORN
ing at 10 O'Clock.