The morning call., 1895-02-16


IN explanation of the irregularities which
from time to time appeared in the case.
So far as the Judge is concerned, he said, owe
MIN AFFECT apologies, and will say now that
think almost any other Judge would not have
regard, possibly as this Judge mas had, 10 the
lmpulsiyeness OF an attorney, coming as IL dla,
uhoer the appearance OF lnsolence; LOT, as
matter OF fact, the appearance was due rather
o.the crudities of youth. He has borne with
me with infinite patience; and, at the close OF
each days work, as | have looked back al the
days proceedings, I have felt Inundated at the
spectacles which have been presented, ana
which felt had been mainly due TO myself
Almost any other Judge, as say, would long
since have swept down upon me and visited
his wrath upon me. ] feel that an apology is
due, and certainly tender 1t.
Iregret whatever of unpleasantness has oc-
cured in the course of this trial, ana hope IL
viii be charged up rather to my youth than 10
disposition TO be insolent. So Tar as the
prosecution is concerned, from them my as
sociate and myself have met with unvarylng
courtesy. The prosecution has been mucn
more than fair. There has been no element OF
bitterness and unfairness so far as those gen.
tlemen are concerned.
1t is with feeling of sincere compassion that
l consider the TACT that for so many weeks you
have been away from your business compeled
to remain here listening to evidence Whlcn
probably does not very much interest you III
your own lives, and the courtesy ana consldera-
ton with which you have listened has certalhiy
touched me deeply in view OF my youthIulaaess IS
and dlSparagement OF years, as compared W
many of the older gentlemen who nave porne
with me with SO much patience. Whatever lne
verdict OF this jury may be, l shall certaltniy
feel that the jury was disposed to give Ia
verdict, whether it be for acquittal or convlc-
ton, OF be disagreement. We leave the case
in your hands, simply asking you TO give IL Tue
consideration which its importance demands,
and, whatever you do, will really feel, from
what little knowledge | possess OF you, that IL
was done fairly and without passion ana WIN
out prejudice.
All during Liyernash's address plain
1oo1 LODI
tensely interested, sat in the rear OF the
courtroom with her eyes steadily fixed
upon Mrs. Mcdonald, who, with her hus-
band, sat at the lawyers table. She had
been present every day of the trial before,
but had made no comment. When court
adjourned after Livernash's address for the
noon recess she appeared no longer able TO
chance she tapped Mr.. Barnes on the
shoulder.
Are you Mr.. Barnes? she said.
Yes, madam.
Well, this may not have anything to do with
the case, but | came here especially to see
Mrs. Mcdonald Suffer-to see her cry-and l
am glad she is suffering. She stole my hus-
band from me, and when went to her about
it she told me to mind my own business and
she would mind hers. And now see how she
has minded it. ! came here to see her cry, and
l am glad she is in trouble.
And with that the charitable woman
turned on her heel, leaving the District
Attorney too much surprised to ask her
name. She was not Clara Belle, he says,
nor does he know her. She was not in
court during the afternoon, apparently
being satisfied with the woe of the morn
ing.
\ Mr.. Barnes began his argument at 2
o'clock, and he finished at $3.50, within
half minute from the time he had pre-
dicted be would. His address was run
duced, but forceful and prehensive.
His summing up OF the insanity plea
was peculiar, but none the less forcible.
He quoted the words of the French Judge
who, III summing up the defense of MUIR
derer who had pleaded insanity in ex-
tenuation, said s'This defendant may be
insane, but for such insanity there is but
one cure, and that is the guillotine." In
this case there was but one cure for tinan-
cial insanity, and it was left to the jury to
apply it.
As to McDonald's political aspirations
Barnes thought there was nothing insane
in wanting to be Governor of the State.
There were many good men who want to
be Governor and who cannot, he thought,
and the mere fact that man advertises is
not proof that he is crazy. He referred to
Budd's blackboard campaign and the fact
that no one thought Budd insane, and no
more did he think Mcdonald was insane
when he proposed stereopticon campaign.
McDonald's tabernacle scheme was also
commented upon. He did not want it for
the unification of religion particularly,
| Barnes said, but it was just one more OF
the snowy schemes of a man who under
stood how to advertise himself. 1t was on
| par with his stereopticon scheme and his
! write-ups in the papers. And as to the
scheme of having the congregation put all
! its savings into the Peoples Home Savings
Bank, he thought it rather more of proof
of business acumen than of insanity.
The Judges charge consumed about
| forty five minutes, and then the case was
given to the jury.
At half-past 5 O'Clock, as the jury was
about to be sent out to dinner, the jury
men sent a request to the court for more
minute instructions. When they were
seated Michael ]. Brewer. for the jurors, re-
! uuested the court to repeat the lnstructio <
Before given upon the subject of the oath.
! The instructions asked for were reread, and
! then Mr. Brewer summed up the desire of
| the Jury for information in this question
us it necessary in point OF law and to
constitute an oath that the person affirm
ing and the notary administering shall
meetY =.
| facts is necessary, and apparently satisfied
the jury retired for, few minutes more.
| They were then brought into court again,
| but as they had not reached verdict they
were sent out to supper and to prepare for
an evening in retirement
At 1O:30 o'clock last night Judge Murphy
had the jury called into the courtroom for
the purpose of ascertaining whether any
agreement had been reached. The de-
PENDANT and his wife sat side by side and
eagerly scanned the faces of the jurors
as they filed into the courtroom.
When asked whether verdict had been
arrived at the foreman arose and said that
it had not. Mcdonald tidgeted nervously
in his chair at the announcement and his
wife began to cry softly.
Judge Murphy informed the jurors that
as the inry-room afforded no comforts for
rest, he would, considering that some of
the jurors were aged men, allow them to
spend the night in hotel.
They were taken to the Paramount Hotel
on Market street, near Fell and given COM
Portable quarters for the night. 1t was
understood that on the first ballot the jury
stood seven for acquittal and five for con
viction, and when they retired they stood
six to six.