Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-27
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THE JURY NOW OUT.

At $40 yesterday morning argument
in the Frank Ware trial was continued.
The states side OF the case was pre-
ssnted by County Attorney Terrell,
who called the courts attention to the
law governing the case as cited by the
assistant county attorney, and rested
his case ON that. citing, as did Mr..
Davis, the cases of Marshall VIZ. the
state. and Tooney va. the state. both
in the Fifth Texas criminal appeals.
Tooney's case was taken to the SUI
preme court from this county. II was
tried about fifteen years ago. McCart
defending and Furman prosecuting,
The charge Of murder by poison was
Sustained by verdict Of murder In
first degree.
He then paid his most respectful at
tention to the jury en- the facts. He
declared that this was most unusual
and remarkable crime. the like OF
which had been but rarely ohroniclcd.
He agreed that while the constitution
and laws OF the state provide for tho
protection OF property, home and life,
the prisoner at the bar. II guilty as
charged. has violated all the rights
held most sacred by civilized man in
every part OF the world. To say moth
ing Of the statutes OF Texas, this was
an outrage upon every sense of right
as held by society throughout the world.
The speaker then took up the facts as
presented. and reviewed at length the
argument Of Judge Holland, rs re-
ported in yesterdays Gazette. He set
out by arguing, first, that Ware IL
guilty according TO Hollands own ar
gument He declared to you" said
tue earnest young attorney, with all
the positivencss OF conviction, that
Mrs. Black Is murderer do not
contradict that proposition But II
she Is guilty Ware cannot be innocent"
Then he took up Judge Holland's
arralEnment OF the states counsel for
allowing Mrs. Black to testify. He de-
clared the state had no apology TO
make for the action. He said II was
not certain to the states counsel TINT
oil the facts could be got at without
her testimony The state did not pro-
pose 10 allow two "incarnate devils 10
go free II by any honorable means
one might be punished. In this ac-
tl9n ne Ielt confident the states coun-
SCI mad acted justly and honorably.
ON the facts, Mr.. Terrell said. thai n
Judge Holland had not the shortest
memory ever given 10 counsel Tor
deienae he unquestlonably tried 10
iniHlend the Jury. Holland declared
!hat there was evidence that Blacl,
t0ok lunch on that lust fatal trim 10
nmiehltA rails while Iiuddleston and
humphreys both testified to the con.
Tary. He then took up Judge Hol.
!andt statement that Mrs. Blncl' .
testimony was not corroboratad. whils
INC jury must remember that nr
thompson and Mrs. Black agreed
Exactly Exactly az to Blacks sickness last
Then came a strong argument a, On,
testimony TO show that there couid hs
no reasonable doubt as To tho cn,,ac.
uon OF Wares carefully prepared Innch
unu STACKS sickness at Wichita Fails
linen came a very foroefui and really
awor, sarrnignment of the defense's
e,ioTt 70 lmpeaoh the expert testImony
o. o., Professor Chase, He referred Il
tolesNor Connor OF Dallas "a go =
inspector OF sewers whose buslneS,, ,,'a.
nsn up dead cats and smell Of an.
~ pses, ana VINO admitted that he aid
sun,n noW ,ne test for oroton oil" III,
ssuniiing up OF the testimony i'm ,nr
ropoiation OF Mrs. Blacl'a atn.n 'uI
was nothing less than mnsterS,,, W
n,h peroration, including Ma nn,,rs "mV
surrr's ! sleknesa, suffering and dea ~
~, p'lsea his most ardent adr,,ra..d
lts force and eloauence eFs
room upright had 4 fun eonrt.
AIM us wen as an attentive dnr,
EyAen he arose at 1910 10 eontir Jury
hrsnnent for the defense. In hIs ne
HVeueuon the speaker sci mn NJ 's IN
az Jaw by copioua quotatlona ,,a,,, e ~
as.iutes, including that reduirlng Ky
,rahanay OF an accompliec 10 be cor.
charge on these points eourt &c
IN addressing the Jury 70, AZ,
ollknt Joined with other attorna,.. ~ a.
prohounclng this the most e~;,.. ~
alnary case In the history OF Tarran =,
ae bau the most extraordlnS p,
case ne had ever known,
it Is extraordinary said tba sno.,.
CT, IN me manner OF the death OF riael
aamiltlng for the sake OF arsnn,ar,
mat Black was poisoned: II is 49,,
ex'raordinary In tho manner ~ H.
nueeitny manner In which Black'a nod,
w. exhumed at midnight; and mos
,h ~ y In the manner In whicl
tne state attempts TO convict an AZ
PENDANT by the testimony Of N ,.o ~
sSFsreu all over with infamy. accord
.ns 70 her own testimony. lie foined i,
,ne clamor OF the state for fhn ,,,,s
isnmeht OF the murderer OF Riscu
.nnt murderer could be found. AM
S usgiared that, IL Black was murder,
the murderer. -e'''on"piy
Sol. Aioright then argued at lenrti
nu Win great earnestness and no IN
We torce on the subjects OF ,rnei,mn
ZION q innocence; the reasonable do,,hl
ana the danger OF oircumstantisi ev,
uenee, lie then took the bold poeltior
tnht. according to the testimony Mar
TIN ] Black was not killed by nni,
son. He argued at length this proposi,
uon calling attention to Prof. Cha "a,
positive testimony that he could NO,
cay Black was killed BY poison. wher
&c came 20 Mira; Blacks testimony h,
Z argued Al length that The word nf /,
ser convicted murderer and "hnr,o,,
gould not be believed for o moment
re then iinpeached The tesflmonv, a
vsr Burnsidsa. who was Summoned a,
Wlthesy fot DE defense, hus Whoa,
ttstlp'enx vas againat them. m,
spesMer ina'sted that there war ahao.
Wrank Ware He showed that tl,s
1hecry Of motive AZ presented hv IN
STATE was thoroughly Irrational on
" Z TINT Ms,