The herald., 1894-11-24

,ected to his remarks they did not exer-
else the came discretion when speaking
OF him and the district attorneys office.
So far az General Jones and Mr.. Phibbs
were concerned they disclaimed RESPONSE
bility, and the matter ended.
Resuming, Mr.. Gage asked-"Why did
not the defendant 60 to the marshaPs
Office and draw the balance due him"
Mr.. Phibbs--"If you will allow me to
explain will not interrupt you again.
l have been to the marshal'e Office ~
times and have failed to get payment of
the defendants claim. l told Marshal
Covarrubiss that Craig did not have
money to get change OF underclothing,
but not q cent was forthcoming. When
this case is ended shall 60 before Judge
Ross and by writ OF msndamus compel
the marshal to SETTLE"
Mr.. Gage, after this preliminary game
OF fence, proceeded TO examine the testi-
mony. Abiding to the defendants
claim that he anticipated trouble with
George, counsel wanted to know what
threat had caused him to have such fear.
Threats had been spoken OF, but what
witness had testified to that effect !?
Only ono that the law permitted under
the circumstances to be Q witness-the
defendant himself.
II approach this case without any
malignant feeling" said Mr.. Gage.
Yesterday alluded to the law OF self
defense. A man cannot claim self-de-
fence until he has shown his design to
retreat; then and then only can he ex-
ercise his right to defend himself. If
he had known George Hunter was a
game man and would show fight and
persisted in meeting him, would he then
be able to exercise the right to sslf-de-
Tense? Certainly not. Craig knew that
WAS George Hunters home. and had
lived there all his life. He had the
means to know his movements. But
that's immaterial. If he went to the
ranch armed and, as he said. I knew
prepared for them.' His two versions of
in the city prison he, as all others,
"Some men will, and some men will
sit ia not for me to cay how far this is
right, but in law we cannot get into
trouble over mere words. A man can
not arm himself with two rsvolvers and
then say I thought he was going to kill
me- Craig went armed to the ranch,
and we know that he brought down
every one he fred at 90 he could not
have been very drunk. Again, George
would have been justified in going
out ON the porch with a ak
shooter in his hand. But Craig,
he was trespassing, and with six.
shooters. ON the doorsteps Of Georges
home. Was George to immune himself
Ibis house when an armed man comes
and challenges him to come out? The
right Of defense inheres in George Hun
ter's breast az we'll 90 in that OF the de-
PENDANT.
"Craig said he didn't know IL he had
two pistols out or not. What difference
did it make, anyway? 1t appears from
the testimony that George was defense
less. No one saw any weapon and no
testimony to the contrary has been
forthcoming. But il he had been armed.
and having warned Craig, had shot him
down in defense OF his rights of prop
erty, no jury in the world would have
found him guilty"
Opposing counsel contended that
Craig could not have shot Emily Craig
save by accident, but Mr.. Gage, by com.
menting on the doctors testimony.
showed how the powder stains on the
right side OF Georges face and on the
left of that of Mrs. Craig would be fully
accounted for by the defendant using a
pistol in each hand.
"In law George Hunter had the sups.
rior right OF exercising his right of self
defense on his own premises. 1t 10 ad.
mitted that Emily Craig was shot. The
law states then that proof must be forth
coming that the defendant was justified.
All our witnesses makes it diabolical
murder" 9sa
Counsel reviewed the testimony given
by the main witnesses and made run
ming commentary.
81 said last night" said Mr.. Gage, re.
Stunning his comments, that 1 was a
heavy man. but in the Is seconds, more
or less. could run 100 yards. saw q
juryman smile as if he doub ted, and
failed to say how much my gait might
be accelerated if l thought there was
6-shooter behind me.
''Craig aaid he feared George, and in
that case, in law, it was his duty to fly
rather than desecrate his home by STAY
ing him. l am no more timid than the
average man, but | would have run to
that buggy though they had jeered at me.
Was it not malignant heart and pre-.
meditation that kept him there? He
never would have gone If he had known
George was there. we are asked to be-
lieve. l asked him, if you remember,
why he didn't turn and go away? He
said he was afraid that George would
return from the house and shoot him In
the back. If be had gone then how
far would he have reached before the
trouble he contemplated would have
overtaken him? When you are discussing
distances remember this. The dsfend-
ant is an athlete and stood the test in
the tug OF war. The most venerable
gentleman in this box can run 100 yards
in 10 seconds, but saw you only ran 80
yarde, now how far could Craig have
run? Now. where is the crack shot tina
with pistol could shoot man at 80
yards? / speak of these things because
you will be instructed on the rights OF
Felf-defense. 1t is noble de-
tense rightly used, else it is the
plea OF the assasein--of the murderer.
At one time Craig said he stood on the
porch the entire time. George Hunter
was in the house and shot him when he
returned. But later he said he was
eight feet away, and would have you in.
fer he retired as he was assaulted. But
even II both George and Emily Craig
were dead. the powder stains still re-
main. A shotgun will only leave stains
at about 10 feet, and where is the pistol
that will leave stains at six or eight feet ?
Knowing that under no just principle
could defendant have taken George
Hunters life, | asked MIN why he shot,
and he answered because he saw some
l. IL