The morning call., 1894-10-19
LAWYERS TALKING
For and Against the Case
of Flood.
Attorney Heggerty Not Permitted to
Introduce the Record of the Last
Trial as Argument.
talked all day long yesterday

Lawyers talked all day long yesterday
from their respective points of view rt-
garding the guilt or inn ocence of John w.
Flood, ex-cas shier of the Donohoe-Kely
Banking Company. who is on his second
trial for embeZzlement before Judge
Belcher and jury.
General Barnes made the opening argu-
ment for the prosecution. lie started off
In his usual dry, humorous vein, and Car
roll Cook, the leading counsel for the de-
Tense, came III for the first shaft of satire.
de said that 1t seemed as though a regular
army OF malefactorS of various description
had arisen in this city and State, and that
Carroll Cook lowered over the band as
their guardian angel. Then the counsel pro-
ceeied to review the testimony in the case
He commented strongly upon the ts.ti-
mony given by the defendant himself
General Barnes pointed out to the jury that
the examination of Flood had been con-
Quoted by Carroll Cook within extremely
narrow limits. thereby rendering a cross
examination impossible. why, gentle
men," said Barnes, Mr.. Flood might just
as well have taken the stand and told us
what The weather was like on April 5,
1888. for all the service he did his case by
his testimony" In conclusion General
Barnes asked that justice be done. he
said that whenever malefactor of par
tlcular prominence got into trouble there
at once spraUg up mawkish sentiment of
pity for the man, which was quite out of
place and deterrent TO the administration
of justice. He asked the jury TO judge this
case by the evidence presented, which he
thought should leave no doubt in their
minds of Floods guilt.
Charles j. Heggerly made the first
speech for the defense He differed from
General Barnes in that be thought the jury
must see that no showing at all had bren
made OF Floods guilt. Then Mr.. Heg-
gerty proceeded to introduce the record at
the previous trial, with the order OF Judge
Seawell granting new trial, and the Off
cial Endorsement thereof bv the Supreme
Court. But this General Barnes objected
to, as not being any part of the case now
| On trial.
"Mr. Heggerty," said Judge BeIcher,
Il shall not permit you to make any such
argument TO the jury. What occurred 'at
| the last trial, with subsequent proceedings,
this case on the evidence presented TO
! them at this trial.
why, propose to read Judge Sea-
wells opinion on the motion for a new
trial. Judge Seawell practically decid ed
! that on such evidence as was introduced
! III tuS CdSo d COnflCiIUu COulu uOb
be had. l want the jury TO know that,
! too"
IL shall not permit you to make any such
| argument, Mr.. Heggerty," said Judge
/ Belcher. you may put no such impress
sion in the minds Of the jury" His Honor
| further said that he would instruc. the
jury that. if they found that Flood had
been guilty of embezzlement, they need
not specify any particular sum so embez-
Zled IN rendering their verdict. Any sum
| over $50 will GO
| All three counsel for the defense were
ready with exceptions to both rulings OF
/ the court, ard the exceptions were duly
noted. Mr.. Heggertv proceeded then with
his argument, confidently asking the jury
| 10 acqui Flood on the ground of the pecu-
! liar circumstances connected with the case
ard the insufficency Of the evidence pre-
| sented.
Then Carroll Cook entered upon his final
plea Oh behalf OF the defendant. He
| spoke with extreme emphasis of the tesii-
mOny given by Howard, Harcus and Chad
WICK, and sought to impress the jury with
the conviction thatthese Witnesses wilfully
gave color To their evidence He argued
that both Harcus and Chadwick had mo-
tives Tor testifying as they did, motives OF
seH-interest, and that this circumstance
should have its due weight with jury.
1t was further argued that no notice
should be taken OF Floods reported con.
| fessIOn at the bank. Many a man, inno-
cent the while. had accused himself OF
transgressions that could never be laid to
his door. There was also reasonable
G0ubt of the exact terms of Floods So
called confession.
Cook will close his argument this morn
ing, ana with General Barnes TO wind UP
the case, Floods fate should be in the
hands OF the jury this afternoon.