The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-06
STILL OUT.
Lingane Case Yet
Undecided.
Judge Wilbur'S Charge Is
Conservative.
Explains Law Bearing on the
Case Clearly.
He Also Reviews the Testimony in
An Impartial Manner.
Case Against Cook Called Shortly After
Retirement Of Lingane Jury.

Promptly at $3.50 o'clock this morning
Judge Wilbur began his charge to the
jury in the case of State VS. David 4. Lin
game and for one hour he told the jury
the law applicable to the case and re-
viewed the main testimony. His charge
was very impartial one and gave salts
faction to the attorneys for the State and
the defendant.
The attendance at the opening of the
court was not as large as on Saturday,
though the continued interest was shown
by the visit to the court house during
the morning of many persons anxious 10
hear the verdict of the jury az soon as ii
was returned.
The defendants council, General Will
son and Mr.. Page, were in court during
the charge and so was Attorney Hopkins
who was in short time to be called on
TO defend Cook on counter charge of
having assaulted Lingane with a danger
Gus weapon. Finally the last scene but
one in famous trial was enacted by the
retirement OF the jury in charge of
Deputy Sheriff Child, formerly chief of
police of the city of Providence.
After few words about the impor-
tance of the case the jury had heard,
Juoge Wilbur said IN his charge:
1t is before you now for consideration.
The charge is assault with a dangerous
weapon, and pistol is dangerous wea-
pom when II Is IN the hands of q man
capable of using it, You must be satis-
fed that an assault was committed with
it. To come down to the 18th of Decem-
ber, 1894. Mr.. LinRane, il you believe
the testimony OF the state, started TO go
TO his bank by circuitous route, and he
had the right to do so, and to consume
all the time he wished on his journey.
Mr.. Cook was on the street ana he also
had the right TO be there. Then you
have heard the story of the shooting. AS
to the way Cook was dressed, you have
received careful description. He claims
he made no overt act against Lingane
before the latter fired at him. Mr.. Lin
game says this was not so, and he claims
that he did not attack Cook until the lat
ter struck at him and that he had heard
many threats a. TO how Cook would pun
ish him.
The day before the shooting Mr.. Lin
game purchased revolver on account of
these threats against him. He had the
right to defend himself provided he be-
lieved himself in fear of great bodily
harm. But Cook says this is not true.
He never made any threats against Lin
game. 1t was Isaac Kirby on whom he
wished to have revenge. He felt angry
against Lingane, but he claims he never
intended TO injure him. You are to fol-
low the men on their different journeys
TO their places of meeting and carefully
consider their testimony and that of the
other witnesses IS TO what took place.
Dealing directly with the law in regard
to an assault, his honor said: Men are
not required to stand and receive the
punishment of one holding a weapon.
One bas right TO anticipate a blow.
One has the right to project himself,
but killing must be prevented IL possible.
Your foreman may make threats against
me that he will kill me, but | have no
VI fo IN m IN hs Int ifntf hap de
There is way legally provided for pun
nishing one who makes such threats
But you can understand the effect such
threats would have on the mind of q man
in fear of bodily harm.
Cook had the right to carry his hand
wherever he waited to on the streets.
But the use of his hands after a threat by
man may lead one to anticipate that
there is an intent TO commit assault.
There must, however, be an overt act in
order to justify such an action as the de-
fendant is charged with.
Some, or all, of the witnesses for the
State testify that the whip or rawhide
was not drawn until the first shot was
fired and then that Mr. Lingane had re-
treated. Cook had no right to follow
Liugane. He should have called the
officers OF the law and had him attended
TO by them.
His honor. then called attention TO the
~
ana stated that this did not necessarily
mean that it was false nor was IL any evil
dence OF weakness in witness story that
1t did not exactly coincide W ith that OF an
other. He urged the members of the
jury to carefully consider the reason able
ness of the testimony OF the witnesses
and their opportunities OF knowing the
things TO which they testified.
The credibility OF oil the witnesses in
the case was, Judge Wilbur said, for the
jury to pass on after considering and
weighing the circumstances under which
their testimony was given.
There is some testimony here, said his
honor, about Sl5 that / see before you
that was waved i'm your faces and the clsim
that IL was paid TO a witness is made and
Mr.. Lingane denies the paying OF any
money TO him except 80 cents for car fare.
l don't know as i have any opinion as to
the truth Of this matter and II ! had 1
could not express IL to you. II Lingane
did try TO bribe the witness il must be
taken as evidence of what he thought of
his own Innocence. You have seen him
on the witness stand and have also seen
him here during the past week. lie has
told you he Is n lawyer and n member OF
the bar Of the State OF Massae enusetts and
IL Is for you to say whether he would do
such thing knowing its probable effect.
II he did try TO bribe the witness IL was
one of the most foolish things n sane
man ever did. He must have known that