Evening journal., 1896-02-17
Highest of all in Leavenng Power-Latest u S. Govt Report
Rl>:A'|I! q! BsklI's Bskass1
ABSOLUTELY PURE

pefpoliAllOu huu COuCtalluR 10 is hDbuIl.
The learned deputy attorney general
could not for q moment have realized
what be was saying II that be true l
ask him, and ask this Court aud ask you,
why Is not Dr. Hammond here on trial
as an accessory after the fact There is
not breath OF evidences that DR.
Hammond knew that anything OF an
Illegal nature had been done on that
day.
"The law takes care OF Itself. What
we are here TO do Is TO apply the law to
certain evidence He can not argue that
Il would be a vlndlcation OF the law for
the State to convict an innocent man
What does he mean then. by saying
that the law must be vindicated2 II
they are innocent that is a vindication of
tho law. Take OAkes and Waples out OF
this case and what have we lefi2 Not
thing We believe that we have
produced 10 your minds a moral csrtsinty
Of the Innocence OF these three men
After attributlng the orlginstlon Of
tbs term asylum trip" to Reporter
Symonds whose bnsiuess he said II WAS
to bring charges and break up hospitals
and showing the Inconsistencies between
the statements made by 0akes and
NAPLES. be said:
"sYmond's Is nobody's fool I don't
suppose he Is, but / am not certain about
that, but l suppose be Is not He
represents a sensational paper, bat Il is q
large one.
"There are dozen reasonable doubts
proven from the testimony OF the two
witnesses for the state, and upon which
testimony the state must ask for
conviction. do not believe there Is
member OF this jury who would believe
Thomas Oakss on his oath If Pisa
received the injuries when he pulled
Bsown down upon him Il was a misad-
venture and Brown was TO be pltied
white Pleads Tor Conviction.
Mr. Ward exceeded his allotted time
and Il WAS 40 o'clock before Attorney
General White began bis speech for
conviction. He confined most OF his
speech to g careful review OF the
testimony.
Il believe that these men are, beyond q
reasonable doubt. guilty OF the ofsnse
with which they are charged" !" he said
III l we're not so convinced l should
never stand before you asking you to
render a verdict Of guilty against these
men God forbid that / should ever get
q reputation for exercising forensic skill
upon the PROSTATE forms OF innocent
men. Do you suppose that / would ask
for the conviction OF men whom | believe
TO be lnnocent2 Can you conceive more
unpardonable sin against brother human
belng2 No, l would never do IT, / don't
ask you to do it. There has not been a
man In the court room who has had q
greater desire than l that these men
prove themselves innocent, but they
have failed 30 do It. / will ask you,
/ gentlemen, Go cleanse your eyes Of this
dust and dirt which has been thrown
into them By counsel for the deteuse. II
was their duty 70 tell you and Co con-
vince you that these men we're innocent
It Is your duty to determine from this
testimony which side OF this case has
been proven b. this testimony"
His argument lasted until II 10.
Jury Charged and Sent Out.
Chief Justice Lore's charge to the Jury
consumed just fifteen minutes. IL con
tained nothing new regarding the Lac,
/ for no new questions were involved
After reviewing the contentious of the
state aud defense In a general way, he
defined the degrees OF homicide and told
the Jurors that they could convict Of
murder In the second degree or man
slaughter II convinced Of the guilt OF the
prisoners, or acqult them II they we're
convinced that the state had failed TO
prove Its case The court said that the
attendants had perfect right to use
sufficient force TO control Jhei PATIENTS
and that the jurors must not lose sight
OF tho violent aud irresponsible character
OF the class OF unfortunetes with whom
the attendants had to deal. II convinced,
however that the attendants had ma
lcouslY csused PlsA's death by the ex
erclss OF more force than was necessary,
a verdict Of guilty must be rendered.
The charge was most favorable to the
prisoners, and a speedy verdict Of not
guilty WAS expected.
At IL 30 the Jurors retired to the r
room, the court telling them that It
would cit until midnight for the reosp
tion OF a verdict Shortly after i2 o'clock
Bailiif Fleming brought word to the court
that the jurors had decided to go to bsd
Cder Smith was Immediately ordered TO
declare a recess until 8 o'clock Sunday
morning, lawyers on both sides hAvln &
agreed to accept a verdict rendered on
Sunday
The big crowd which had remained
until the last instant quickly dispersed,
! NnA AnN NAAhuANAd WNAD NNhNA baNh W
their cells In which they passed an
anxious night.
Brown and Swan Guilty.
There was a large crowd In the court
room at o'clock yesterday morning TO
hear the verdict The prisoners cast
anxious looks &C the faces Of the Jurors
as they fiFd In. and Lynch gave a sigh OF
relief when the verdict was announced.
II Was that Lynch was not guilty but
that Brown and Swan were guilty OF
manslaughter. The verdict against
swan and brown wss & surprise to
every body, even to the state prose
Gators.
Oiher Charges Against Lynch.
Attorney General White Immediately
arose and asked that Lynch be retained
In custody. there being two other charges
against him.
The court declined to take any action
In the matter Of these other charges, Il
being Sunday. After remsnding tbs
prisoners to the custody Of the sheriff
court adjourned until this morning.
Lynch Released ON BAN.
Before the prisoners were brought into