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

| The best and most effective hit the
| speaker made was when he held up
| to scorn the contract made by the
states attorneys with Mrs. Black. He
ridiculed the assertion of Mr. Terrell
4 that II am honest. and have meyer
prosecuted a man whom I did not be-
| lieve to be guilty"
| VERY we'll" replied Col Albright;
IT am glad he told US So His state
| ment IL a good one. but his proof Is
damnable. He stralghtway tells you
| that he has agreed 10 turn loose on
| the community a murderer with as
black and cold a heart as that OF Lu-
| cretia Borgla-" This brought a smile
| to the faces of several Jurors. but
| what those smiles meant no man could
| tell.
1t Is not too much to say that ex-
| pectation was at a high pitch when
| Hon. o. w. Gillespie, ex-county at
torney. took the floor at o'clock yes
terday afternoon to address the cour.
and the jury, In behalf OF his client,
Frank C. Ware. His well known ear
| nestness In whatever he undertakes,
and his equally well known logical
methods OF argument had made all
who knew him most DESTROYS OF hear
| ing him.
He began by referring to the yact
| that the state had introduced but two
| statutes and decisions on the subject
| OI ututn W ana lIAAhis
admitted that no statute IS needed TO
teach Texans that murder by poison
| ing Ia murder In the first degree, as II
! ~ certainly the most revolving OF all
species OF murder. He then read sta
tutes and decisions from which he
| argued the doctrine OF assumption of
| Innocence, impressing upon the jury
| that they had not 10 consider whether
| or not the accused ia innocent. but
| whether or not the prosecution has
proved beyond a reasonable doubt that
he is guilty. His argument on this
| point was as strong as 1t could have
been made.
Next, he took up the question OF
| circumstRntial evidence, which he ar
gued with remarkable force. though
not out OF the usual channel On this
point, he said at the outset that he
did not yet know whether or not the
state would claim this as a cnse OF
clrcumstantial evidence, or would de-
pend upon what they might call di-
rect testimony.
Taking up the matter OF expert tes-
tlnony. Mr.. Gillespie argued. reading
from such authorities as Wharton, that
the expert testimony OF Prof. Chase
was worthy OF little attention. ON this
! point, however. he was very brief
Coming to the question Of Mrs.
Blacks testimony, Mr. Gillespie was,
OF course. more elaborate In his ar
| ENIntUI. lie ret Jul ny uEhflAtlAb AAhA
this woman as witness Is impeachcd
by the law itself while admitting
that her testimony was possibly cor
! roborated as to the statement that
Black was poisoned, he declared that
her statement that Ware administered
the poison was In no sense eorrobor-
ated
Turning his attention wholly to the
| jury, MIR Gillespie threw his entire en-
ergy Into his argument. and II ever
man was earnest, he seemed 10 be that
man, He set out with an argument on
the influence OF suspicion, and applied
his remarks specially to the manner
in which suspicion had Influenced DR..
Thompson In his hnal conclusion as to
the cause OF Blacks DEATH He ar
gued from the testimony that Or.
Thompson had no suspicion TIL after
Blacks death and he had learned that
/ Ware had bought bellndonnH. from
this he easily gllded into an argument
| against the value OF the expert tcatl-
mony OF Prof. Chase. He wearied not
OF rldlcullng the pretenslons Of this
young college man, lie was particu-
larry severe with the idea that Chase
would have found any sort OF poison
he had been asked to md.
After exhaustlng the question OF cir
cumstantial evidence against Frank
Ware, Mr. Gillespie boldly took the
position and argued II with force that
IUtlt was NOT ltEhl PROOF tNht hdlNln
Black was poisoned. II will probably
be agreed that one OF Mr.. Glllespies
most effective passages was in refer
enca to the states bargain with Mrs.
Black. lie did not censure the law
yers for buying her testimony. but he
declared they purchased 1t. all the
same,
Throughout his two and one-half
hours speech MIR. Gillespie had the In
tensest attention of the crowded hall,
ana the jury, He argued every point
OF law ana all the facts, coming out
specially strong on clrcumstantial evil
dohoo and the reasonable doubt theory.
At the close OF Mr., Gillespie's speech II
~ probable that every person in the
court room was convinced that, with
out the testimony OF Mrs. Black, the
fact OF Blacks death by poisoning had
not been proven. And the question OF
tue truth OF that testimony still re-
nained In doubt.
In his closing argument his appeal
from the standpoint OF lnnocence''
was something out OF the ordinary. The
idea or such u crime was totally ir.oon-
slstent with the whole OF his PREVIOUS
oharaoter, ana the speaker urged lfat
ms must be the line OF reasoning. ON
! the contrary, there was evidence in
,, plenty to prove motive for the lnurd,r
ny Mrs, Black. She was "tlred'' or
her husband, and was also ready To
use the $4,000 life insurance money esr-
ried by Black. The last Ave r,inutes
or MS time was taken In one OF the
strongest appeals ever presented 10 a
Jury on the Reasonable doubt ana The
> presumption of innocence"
Dnrlg the whole OF MIR. Giliespie's
powerful argument the corridors gnd
oilces OF the court house had been M
ing with people anxious to hear The
, argument, but none were allowed to
. enter after tile commencement of H.
speaking. But the nlnment the ,io-
qutnt young lawyer was ,sItcd shs
, crowd began rush FOR til. vary small
available space not already occupied.
But the crowd would have allied Two
, such Uourtrooms. and the doors were
locked In the faces of many who de-
sired 10 hear, At 10 minutes before
, O'Clock Mr.. Furman began his ad-
dress TO the court and jury, with pre-
: hminary remarks concerning the sol
{ emnity OF the occasion ana the respon-
/ slbillty resting upon the members OF
, the court and himself. He proposed
} TO enter the discussion OF the case with
, q spirit OF perfect fairness 10 both de-
/ PENDANT and to society. He declared
! that the criminal laws do not seek
Tor revenge, but to protect society. 81
am not here as u prosecutor, hut rs a
defender Of society" he said, with most
| solemn tone and manner
He declared that thera could he no
controversy as TO the law IN the ease.
. I -