The herald., 1894-11-23

he. "ii John Craig can get money
enough to carry his case to the supreme
court. But OF your action there can be
no Yeview.s The supreme court can grant
US NO relief when you. and you only,
are sole judges OF the facts"
Counsel proceeded to analyzs the testi.
mony OF Garter. the colored man, who
cav the shooting on Buena Vista street.
He maintained that this witneso stated
that there was shooting from two
quarters. The prosecution had not
brought forward any witnesses to show
what other person beside the defendant
did the shooting. Frank Elisalda, too,
spoke of the numerous shots. and that
it was 60 dark that only by the fash OF
the pistol did he identity the spot. Miles
Long stated he WAS the FIRST on the spot.
and found the defendant wounded and
bleeding. The bodies Of the Hunters he
thought were bundles Of clothing, owing
to the darkness. And yet Garter swors
that he saw the whole affair from the
other side Of the street.
"Where is the policeman that found
the pistols ?" demanded counsel. I'VE
have not denied that Craig borrowed two
have seen the recklessness of witness in
the Identification of these weapons. 1t
10 the duty of the prosecution to bring
forward every witness that could cast
light on the shooting, but they daren't
bring the policeman for fear his testi-
mony would tell against their case.
'They cay" said he, defendant was
drunk and shot himself. He may havs
been crazy drunk or insane, but We have
nothing to show one way or the other.
Defendant had every reason, on 60
ing to the Hunter ranch" argued he, ito
believe that Mr.. and Mrs. Hunter and
George Hunter were in the city, and
would only see his wife and his children.
Both Tina Jensen and Willie tell ynm Of
his surprise when his wife told him there
was q man on the ranch, and he asked,
in surprise, what man p"
In rapid review counsel outlined the
action OF the defendant from the time
he met Dwight Olley up to the time of
the tragedy. Forsaking the cool. dis
passionate manner with which he had
hitherto pursued his argument, in ex-
amining the testimony, Mr.. Guthrie.
with some orAtorical power, recited the
broad outlines of the story, and then
proceeded to minimize the force OF Mr..
Cages argument. He spoke OF him as
q cyclone in his address, sweeping all
before. "Such burning eloquence, brill
liant, clear and logical in all he says, he
can" said counsel, "almoet make you
believe black is white. That ia what he
has been paid for" he continued. "what
he 10 being paid for. But he will not do
it, unless he can do 90 from the testi-
mony. But he will leave no stone un.
turned to accomplish his purpose. But
1t is his sloquence am afraid OF and not
his facts. do not fear anything that
has gone before you. and II you will con.
slider the case as sensible, reasonable
men, remembering the life OF a
human being depends on your verdict,
then l shall rest content"
Mr.. Guthrie concluded by defining to
the jury the four different verdiCts that
might be returned by them:
First-When they thought premedita.
tion, intent and motive 60 to show NAL
| ice, then 10 will be murder in the first
degree. 1.-THE jury secs fit. it may fix
| the punishment at imprisonment for
life; failing such qualification, the cap.
! ital sentence would be imposed.
Second-Where neither premeditation
or malice are shown, and where the
court fixes the punishment at not lees
than ten yeays II the ren!tent!sry.
Third-In the event OF it being deter
| mined that the quarrel between Craig
and John Hunter eliminated in the
quarrel during which the fatal shot was
! fred, then the verdict would be man
slaughter.
Fourth-The defendant. if found to
have been acting in self.defense, would
be found not guilty.
LAST FIRE OF THE DEFENSE.
The following additional instruction.
to the jury will be submitted to the
I court by the defense:
"By the Information in this case 1t il
sought to charge the defendant with the
murder of one Emily Craig, at q certain
time, in Q certain place and in q certain
form and manner. and the trial Of this
case, and your deliberations and actions
herein, must be strictly confined to such
charge.
"The defendant is not on trial for am
other offense than that alleged in the
information, nor is it at all required o.
him that he shall in this case defend
himself from the charge, aspersion OF
insinuation of being guilty OF any Other
offense, and. therefore. he is in no man
ner, nor should nor can he be, called
upon herein to defend himself agains
any charge, made directly or indirectly
of having at time subsequent and at {
place different, killed or murdered ont
or more persons other than said Emily
Craig.
mo such question az to whether de
iendant did OF did not, at q time subse
auent, and at place different, kill som,
other person or persons than said EMIL J
Craig, can arise in this case for any pur
pose whatever; nor can any evidenc
thereof be considered herein for any
purpose whatsoever, and if any sucl
evidence has been given herein you vii
disregard the same in arriving at you
verdict herein.
evidence has been introduced by the
prosecution to show that shortly ate
the alleged killing OF Emily Craig th'
defendant killed William Hunter ant
Mary Hunter, at place in the city o
Los Angeles, described as No. 727 Buenl
Vista street. This testimony was OF
fered and was admitted by the court il
rebuttal OF testimony given on behalf o
the defendant, for the purpose OF show
ing that the alleged killing of Emily
Craig by the defendant was accidental
and occurred while the defendant wa
shooting at George Hunter, in necessary
self-defense.
1.-THE evidence thus offered as TO the al
legged killing of William Hunter an,
Mary Hunter can only be considered b.
you in relation to tho motive or inten
ticn of the defendant in firing the sho
that killed Emily Craig; and the cour