Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-03-20

1nCGpabIe Oh forming the necessary intent.
Judge GcCde referred at length to the pow
erfu1 effects of whisky punches, putting
himself as Virginian on the side of mint
juleps. This caused considerable merri-
meIt in the audience. Later Judge GoOde
referred to Mr.. Mckinney as the Ajax
terrible the grand Mogul, who has been as
sist Int prosecutor in this case from begin
ming to end who, like Jove's war horse,
scented the battle from affair."" At this
point Judge Cole found it necessary to
render a decision as to how much merri-
ment might be INDUCED in with propriety
in the court room. With due formality he
annoul ced: 1.-The audience must not laugh
SO as to disturb the proceedings When
there Is anything worth laughing at you
may smile, but it must not be a noisy
smile"
Judge Goode said that the happiest solu-
toll of this whole trouble would be to end
1t up With wedding instead of a funeral,
implying in delicate manner that he did
not think that ali was over between the
defendant and the Young lady. In conclu-
sor, he said: II know enough of this case
to pe able to tell you, do tell you. that
Benjamin Harrison Milliken woul1 go to
the penitentiary, the stake, would be
drawn and quartered in this court yard
before one breath Of suspicion against the
character OF this young lady should escape
his lips. If the jury should offer him his
freedom If he would state upon his oath
that lie was induced to enter that room
through any improper suggestion, he would
hing their offer back IN their teeth
When the court opened this morning Dis
trict Attorney Birney at once began the
closing argument to the jury.
Hi the beginning he said that Milliken, in
the difficulties in which he had become
lnvoly ed, felt the need of able and adroit
counsel. and of an eloquent plea. But even
more than that he needed strong and
vivid Imagination to meet the insurmount-
able facts, facts which could rot be met
6oTH dom and IA,
had endeavored to walk rough shod over
the facts which the government had ar
rayed against them.
The defense, he said, had told them that
10 believe the governments position a ten
able one they would have to believe the
impossible, that man could change in
sihSie moment from devoted lover into
a brute. Yet this is not impossible for
the courts themselves have furnished
many instances of just that very thing.
w men ne came to speak of the handker-
chef which Mr. Mckinney had found in
front OF the Phillips house, judge Goode
mad referred to the story of Desdemona's
handkerchief and the treacherous 1aso
rms said Mr.. Birney, but furnished him
with another Instance, for Othello changed
as quickly from fond, loving husband
INTO demon incarnate
Inc defense. he said. had spoken of a.
sinalcatIon. saying that Milliken's acquit-
TAI would De the best vindieation for all
concerned; yet who needed a yindication
Out Milliken himself? Certainly not the
pure anu virtuous young lady who was so
ta,' as to appear in this case. Ger
fanny not Judge Phillips. He is a man,
SAID Mr. Birney, whom the people of this
country have loved to honor. but even
more than that he was a good citizen, and
every man should admire him for what he
had done, not only for his own daughter
hood. ii
His View of the Case.
MI Birney said that there was no oues-
hat
lioii tha- Mlliken had entered the house
some time before 1880 o'clock and conceal
ca nin'selt In the only place where he could
with view to the accomplishment of his
awful purpose He then went on to con-
slider the evidence of the case. item bv
item, 10 show that 1t was all absolutely
Impossible, except in the light of Millken's
etnpiete guilt The defense. he said. had
attempted 10 refute the story of an honest
ana Firtuous woman by the testimony of a
man Who, by Ills own statement was so
Iuddled with liquor that he had no idea of
W., Mnae ne was doing The defense had aimed
the sha1ts OF their ridicule at Mr. McKeo-
ley. and had tried to make them believe
that the chloroform theory originated in
Inc Inc iertiie brain of that young man. They
mao seen fit to compare him with M I,ecoH
ana with Hawkshaw, the detective. Nr
Mchenney. he said, had but one point in
common with those two gentlemen, and
s ma vas mat his honest efforts had as
sisted In bringing criminal to the bar of
Justice SO far from being overofficfous. as
,ney mad attempted to make him out, Mr..
Machehney bad but acted the part Of a good
tne greatest credit for the part he had
prayed throughout this whole affair
Counsei for the defense had spoken of
ths case as peculiarly sad one: the iury
should think how much sadder II would
nave been had the defendant succeeded in
MS feil purpose. They had been asked tn
entertain pity for this unfortunate young
man. remembering what a verdict of GUILTY.
would mean to him; how much more. then.
should they have feeling of sympathy for
lne Iair young girl whose name, through
of the public for the last eight month"; tha
very secrets of whose inmost heart had
n nssn urasSeo from her, while on the wit
hsSs STAND, by the exigencies of the case
VT Blrney talked for a little more than
an hour. closir at rs O'clock with an
eicqueBt appeal to the jury to consider
i i al the evidence in the case, express
ing himself as satisfied that If they did so
they could do nothing else but bring in a
'erdict against the defendant
The Judges Charge.
Judge Cole at once delivered his charge
10 the jury. 1t covered all the essential
Poihts III the case. and was regarded as a
very rair and impartial deliverance, Der
maps giving the defendant a bit the best
Vi IL IN me matter Of intent and the effect
nLIcn nioxication might have upon a
mon aDiiity to form a definite purpose.
evidence that the mans mind was. for the
tine oeirg, SO stupefied or paralyzed nv
urinh as to render him absolutely unable
70 FORM an intent An unlawful Intent ia
none the less unlawful because it ia induced
or aetuated by the effects of LIQUOR The
reputation, good name and honor Of the
young isdy. Judge Cole said, were not at
stake. Tor no question had been raised
against her character in the slightest. and
the jury should not consider the clair, tb.t
Verdict either way would Constitute a
'indication for the young lady.
Inc principal feature of the courts in
struction 10 the jury was that which bore
upon the part which the defendants nlea
OF drunkenness might be allowed to plav
me third clause of the Instructions nravsd
lor by the defense and granted by the
court was as follows: e
me actual existence of the particular
Intent alleged In the indictment being q
Iecessary element to constitute the ofYenae
chdrseo, the jury. in determining the mr.
pose or intent with which the defendant on
terea the said dwelling house, may take into
cohsiaerat1on the fact of his intoxication at
.ne time. II they shall believe from the
'estiinony that such fact existed"
The Eject of IrfHoxication.
lnstrueting the jury more fully on this
point. Judge Cole said: