The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1895-10-31
MURDER SECOND DEGREE
Charles McGonisle Narrowly Escapes
the Extreme Penalty
FOR The KILLING OF HIS AGED FATHER
some Brilliant Addresses Before che
Jury by Ceunsei-sensence - be
Pronounced Next wednssaay--The
Hop Outiook-Reatty Transfers.

Perhaps never before in the history Of
Yakima county has there been 30 much
interest manifested over any particular
criminal case On trial before the superior
court Judge and jury as that Of Charles
McGonigle--who on Saturday night ct
midnight was brought into the court room
to hear the verdict OF "twelve good men
and true" upon his crime, the murder Of
an aged and honorable father. Accident
though that sanguinary result may have
been 80 far as the death of McGonigle,
senior, was concerned, the jury seemed to
have caught the opinion of the general
public; and, augmenting that sentiment
by the evidence introduced, returned to
the jury box and filed verdict of muir
der in the second degree.
1t is understood that there were but Eve
ballots taken, the first of which resulted
in an almost equal division for murder in
the first and second degrees, one man
only voting for acquittal--he afterward
explaining that he did SO for the simple
reason that he wished to have the matter
discussed before a final decision was
reached. The third and fourth ballots
were eleven for second degree and one for
FIRST, all combining at the fifth for the
verdict rendered. The jury was out
about one hour.
Every reader of THE HERALD is familiar
with the fullest detail OF the case, in that
the report Of the coroner's inquest includ-
ed most of the main points in the testi-
mony brought out in the trial-and that
report was published in full in this pa
per. The defense put in rather mixed
plea-the murder was either committed
in self-defense, or else Mr.. J. M. Eaves
fired the fatal shot which sent Byron
McGonigle to his sudden death. That
these theories were ably defended one
must confess; but the efforts Of w. l..
Jones and Mackinnon & Murane were
void of result-unless it be that they
saved their clients neck from the gal
lows. Prosecutor Englehart and Henry
]. Snively made vigorous attack upon
the evidence and the defendant himself,
the verdict being witness to their efforts
at unraveling the mysterious tangle spun
by the defense.
Aside from the q uesome feature OF the
trial, interest in the proceedings increased
rather than dimi finished as they proceeded
to close. This will be easily understood
when it is remem bered that counsel pro
and con always do their very best in the
matter Of oratory In murder case. The
McGonigle trial was no exception to the
rule. Prosecutor Englehart did not dis
appoint bis friends in his scathing srraign-
ment Of the prisoner; Mr.. Murane, who
followed the states attorney, displayed
unusual forensic ability, and won hearty
commendation in his effort for the
liberty and life Of Charles McGoni-
gle; W. L. Jones, however, made the
speech of the long day OF argument. Per-
haps never before have the rafters and
walls of the big white building down
Second street rung to such an impas-
stoned and eloquent address as Mr.. Jones
on Saturday delivered. Had McGonigle
but foundation of sand on which to
predicate his demand for release, that
argument of Mr.. Jones' would have &C.
complished his purpose. 1t was the
most brilliant effort ever put forth before
the bench OF the superior court in this
county-but 1t was in vain. Before the
clean, cold, merciless dissection of the
evidence and argument at the hands Of
Mr.. Snively, who closed the great de-
bate, the memory Of Mr.. Jones oratory
faded from the minds of the jury like Q
flower beneath the touch OF the frost
king. Fact--pityless and potent--super-
coded theory and counter accusation;
and even as the attorney closed his adj
dress the public tongue had condemned
Charles McGonigIe.
The defendant continued in q state of
dire dependency throughout the argu-
ment OF counsel. He wept continually,
no matter what the statement of the at
torney before the jury box. Were the
statement in bis favor, he wept; and were
it antagonlstic to his interests, yet still
the tears flowed fast from bis flooded
eyes. He made poor impression upon
spectators, and possibly succeeded no
better with the iury-although one Of
that body of men informed reporter
that he considered the young man weak
mentally, and would much have disliked
seeing him sentenced to death for that
reason.
McGonigle will receive his sentence on
Wednesday, November 6, that time hav-
ing been allowed by Judge Graves for the
presentation OF the argument on motion
for a new trial. It Is generally believed