Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-24
1880, and spoke, in all. one hour and fifty

lU.3u, ana spoke, IN all, one nOur ana EIty
minutes.
In opening, Major Warner called atten-
ton to the fact that, during the trial, there
had been less Of chickering's between con-
tending counsel than il had ever before
been his pleasure to witness. To this, in
part, and largely, too, he said. they were
indebted to his honor upon the bench, who
resides with firmness, impartiality and,
at the same time, with kindness. Il never
have witnessed jury" he added. that
has given closer attention to every word
which has fallen from the lips of counsel"
Neither life, liberty nor the property Of
the humblest citizen, he pointed out, can
be taken without due process of law; that
is. can only be taken in accordance with
the laws Of the commonwealth. SUCH Is
the protection the great arm of the state
has thrown around a man that whatever
crime he may commit, it says you shall
have time to answer. you shall appear be-
fore jury; the entire power OF the state
and wealth of the state come to his rescue,
that he may have a hearing; 1t grants the
defendant hearing: it grants him trial;
it grants to him the protection of the law.
Gentlemen, in the arguments. something
has been said about paid counsel, con-
tinued Major Warner. There is no evil
dence of II: l have no excuse to offer for
appearing here. 1 am here with the con-
sent and by the invitation of the state.
And in this case, as far as this defendant
is concerned as You know, l shall proceed in
the argument of this case, If L know my
| own mind. without a feeling of bitterness.
God knows 1 have no feeling of bitterness
| or resentment or malice against this de-
fendant. Nay, gentlemen, instead of that,
In common with my fellow men-having no
more of humanity than the rest. or less
child l would rather lift up than pull
down. That is human nature, gentimen.
Therefore. proceed to argue this case and
shall attempt to present ii in accordance
with the law and under the evidence.
"Whatever may be my opinions OF the
law or your opinions of the law or the
counsel, who has preceded me, or of the
learned counsel who may succeed me, it
matters not. Here. gentlemen, given to you
by the court, is the law. This (holding up
the instructions) is the law of this case.
You took the fact from the mouths of the
witnesses who sat in that witness box
this defendant is either guilty. or not
guilty. My opinions have nothing to do
with you. The conviction of his honor upon
the bench. whatever they may be, have
nothing to do with your judgment-it is
your judgment that controls this: and
when l see q young man, whom | honor
and respect, stand in court of Justice and
| who thinks that the eNtremities of his
case are such that he will say, while hold
ing up his hand before TINS jury: John
| Schlegel, so help me God. is not a GRIM
| mall am not over-sensitive. but it was
shocking to me. yourS man with his
| hand upon the Bible, though. should have
remembered the teachings of his youth:
| Thou shalt not take the name of the Lord
| thy God in vain. for the Lord will not hold
| him .guiltless that taketh His name in
| tremities to which he was driven, the facts
clothed around % f his client in perfect net
| in the face, why this action?
Not the Mosaic Law Now.
| 'I am glad my young friend is familiar
with the Old Testament, and I trust that
neither his teachings birth nor religion
have made him less familiar with the New
Testament. But he has given you quota
tions and said Thou shalt not commit
adultery All this have We known from
our youth up. Aye, gentlemen, I am not
here to defend an adulterer; am not here
to defend man who has robbed man of
| his wife, his maid servant or his man
servant nor anything that is his neighbor's s.
| There came down from the thunders of
| Mount Sinai, written on tablets of stone
| by the finger of Moses, the commandments
which said, Thou shalt not kill. From the
| same great law givera comes laundering
| down the ages. that man cannot be
cleansed of blood that is shed therein. save
;by. the blood of hin-that sheddetilsit
o'"But. gentlemen, that is the Mosaic law.
| Why the gentleman should appeal to it I
| know not We are not living, this day un-
der the Mosaic law; II SO, there could not
| be any defense for this defendant. Blood
for blood and an eye for an eye and a
| tooth for a tooth. But the law of human
| ity. the present law. has modified it. A
| man may shed mans blood and his blood
not be required under our humane law.
A man may cut out an eye of his neigh
bor and his eye not be required under our
| humane law. 7 ask none OF its harshness;
| I ask none of its dneaning the Mosaic law
penalties: I simply ask that you, gentle
| men, try this case by and under the law
of the nineteenth century of our Lord.
under the dispensation' of code that has
sprung up and which is greater than that
of Moses.
1T has been said an eye for an eye and