The Wichita daily eagle., 1894-01-16
GONE TO THE JURY
CLOSING DAY OF THE CLYDE
MATTOX MURDER TRIAL
-Four Speeches Made TO the Poor
Jurymen and the Case Was as
Clear as Mud 20 Them When
They Retired-Verdict of
ManSlaughter Expected.
Will it be manslaughter

Will it be manslaughter;
This seems to be the most probable ver-
dict of the jury in the Clyde Mattox case.
The public think, for some cause, that
the jury will acqnir him, but as a general
thing the public are poor prophets when it
comes to the verdict of n jury. The at
torneys are the beet judges OF what jury
will do, and in this case their opinion is
that Clyde Mattox will be convicted OF
either murder or manslaughter. Judge
Williams gave them the instructions
OF the court at $50 O'Clock last
night aud he Included in the verdicts
that the jury might bring in that OF man
slaughter This is the first time that
manslaughter has been suggested in the
disposition of Mattox aud it is signifi-
cant. 1t affords some of the jurors an
easy seat for their concience. Under the
evidence it was possible for man to
believe that Mattox should not be punish
ed with death while at the same time
ones concience would not allow verdict
of acquittal 1t is not improbable that
it is with this condition IN
view that the judge made pro-
visions for a verdict of manslaughtsr
in his instructions. Jurors might COM
promise on msnslaughter who would
never agree on anything else till dooms
day. The punishment for the crime OF
manslaughter is term of years ia the
penitentiary, most generally u life SEN
tence.
At 10 o'clock yesterday morning. when
the court convened, Judge Reddick OF
Ok q hnp,a (Nifv ada hnnrts
for the defense, and he was followed by
Assistant United States Attorney Gig
gett who spoke till II o'clock. and from
in the afternoon till nearly $50. Mr.. Gig
gett made very forclbls address and was
listened TO very attentively by
the jury. He recited the evil
dence in the case and presented
its strongest points and concluded by
making strong plea for conviction. He
appealed to the jurors rs kansxns to show
to the world that the murder OF a black
man was as much of crime as the murder
of a white man, before the law. and that
it deserved as severe a penalty.
& Col johnson of Oklahoma City followed
and he made a very strong address. 1t
showed that be understood the human
nature of the average jury and that he
knew how to treat il. He did not assert
that Clyde Mattox did not murder John
Mullen, but he insisted that there was no
proof to show that he did and without
this proof they could not convict as the
burden of the proof rested with the gov
ernment, He said that it did not rest
with Clyde Mattox to prove his innocence;
that it rested with the government TO
prove his guilt, and this they did not do in |
his opinion.
Col. Johnson, in very sly and able
manner, attacked the weak points OF the |
and continually and cieverly |
kept leading the attention of the Jurors |
towards them. His speech was not MS |
eloquent as his speeches on former occa- |
sious have been. but while the orator was
hidden the diplomat was at work. Col. |
johnson knows enough about the
peculiar conditions of the Mattox case
to know that an ounce OF diplomacy was
worth pound of oratory and he governed
himself accordingly.
Colonel johnson is a lawyer Of real |
ability and his standing in the courts with |
the judges Us we'll as with his professional
brothers is such as TO give whatever he
says the proper weight He saved Clyde |
Mattox in the first trial for murder and |
were it not for his fight for new trial in |
the supreme court the chances are that |
grave of Clyde.
At 7:30 last evening United States !
District Attorney Perry closed the argu- |
ment and spoke one hour and a half for |
the government. His speech was carac- |
terized for its fairness throughout as be- |
tween the accused and the accuser. He |
spoke to the heads rather than the hearts /
of the jurors and made no attempt to |
arouse their prejudces. He presented the |
evidence fully and fairly and left the
jury to draw their own conclus-
ion from it. He believed"
of course that Mattox was guilty and that
it was the duty of every good citizen to
see that justice was enforced, even though |
it deprived fellow citizen of his life.
The instructions of the court were also
very fair and IL would be hard matter for
one to tell By them what the judges belief
was with reference TO the guilt or limo
,ence of Mattox 1t was very noticea-
ble, however, that more than one ju-
-or evidenced relief When Judge
Williams included manslaughtsr in
he verdlcts they were allowed to
bring in.
The court room was crowded from morn
ng till the night adlournment, many
adies being present; in fact the ladies were
he most interested llstners to the speeches
IF the attorneys. At the night session
here was scarcely standing room in the
court, while the corridors were packed
with people who could not get in.