The Irish standard., 1894-02-17
JAMES DUGAN McARTHUR.
He is Found Guilty of tho Murder Of James
r. Harris of This City.

He 10 Found Guilty of tho Murder of James
r. Harris of This City.
After protracted trial the case OF
James Dugan Macarthur, accused of the
murder Of James R. Harris, went to the
jury on Wednesday evening, and after .
deliberation OF six hours he was found
guilty Of murder in the second degree,
the penalty for which is imprisonment
for life. Attorney Nye made an able adj
dress for the state and was followed by
f. F. Davis for the prisoner. Judge
Jamieon in his charge to the jury ruled
that the handkerchief and lantern found
the morning. after the murder could not
be allowed as evidence, as the state had
not proven their connection with the
case. He instructed the jury that undis-
puted circumstantial evidence should be
taken as true evidence, and that the tes-
timony of Mrs. Harris should receive
consideration. The court then ruled
that il Dugan was found to have been
with the man who fred the fatal shot, in
the eyes Of the law the shooting was the
act of both men. II also charge YOU"
said the court, ''that the crime in this
case is neither excusable nor justitiable.
Tie court took particular pains to define
the terms "irst" and second degree"
The fact that the defendant had been in
dlcted by the grand jury should not re-
move the presumption that the defendant
was innocent until proven guilty. Three
blank verdicts were handed the jary, one
for finding in the first degree, one for the
second, and one for not guilty. The jury
retired at $50, and Dugan was taken
back to his cell.
A short time before 9 o'clock the jury
sent for Judge Jamison. who ordered the
defendant brought into court. The jury
asked for instructions, and handed in
written question, which read as follows:
IF the jury is satisfied that defendant
broke into tbs Harris resi- ence, in cora
pany with Joe White, on the night OF
June Is, and they had in their posses
sion loaded revolvers, murder taking
place. would that constitute premedi-
tated murder?"
The court instructed the jury on the
question, stating that the condition OF
the PERSONS mind previous to the deed
must be taken into consideration. II the
person designed the DEATH. but did not
premeditate 1t, it would be murder IN
the second degree, If the killing had,
however, been previously arranged or
premeditated it would be murder IN the
first degree. The court gave the jury
the privilege of asking any other ques'
ton they might deem necessary, but
none coming, were asked again TO retire.
In the meantime Dugan sat beside the
deputy smoking a cigarette, which was
handed him by one of the few people
present.
a. Atl:25 there was q knockon the door
of the room where the jury was deliher-
atine, and the watchers in the court
room looked up startled. Deputy Sheriff
Peterson made his appearance in another
moment and announced that the jury
was ready to report, having arrived at
verdict. Judge Jamison took the bench,
and Dupap. who still sat in the chair
close to the attorsey's table, looked up
at him in q manner that was almost ap-
pealing. When the foreman of the jury
announced to the judge that the verdict
was guilty of murder in the second de-
gree, the prisoner sank back in his clair
as white as a ghost. The verdict also
recommended that the defendant be
given the full penalty of the law. Judge
Jamison, before discharging the jury,
conplimented them for the faithful man.
ner in which they performed their duty.
From what could be learned, upon the
first ballot the jury stood in favor OF
bringing in verdict of murder in the
second deg go and three in favor OF the
intlictlon of tho death penalty, and after
much persuasion these three men were
won over. The past life of the defend
ant was taken into consideration to
considerable degree and counted much
against him in the minds of the jury and
one or two of them ventured the opinion
that had his past life been a spotless one,
they, perhaps, would have acquitted
him, although they considered that the
state had made out strong case OF Cir
cumstantial evidence.
THE ROMAN CATHOLIC BIBLE.
The Translation is Less Idiomatic but More
Truthful Than the King James Version.
Father Lambert gives the following
comparison between the translations OF
the Catholic and Protestant Bibles In the