The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-03-05

hhHes INC WItncsS 8a10 10 the uefen0hnI.
We'll, what are you doing now
o Tn in the detective business" was the
answer.
The witness said that he FIRST saw Russell in
1891, when the defendant came to the Hsrdid
office TO sell the story Of his life in Sing Sing.
had to say and afterward to investigate his
story; and, II true. write an article based upon
nation. witness was questioned by Russell as
MIR. Clancy, you we're subpnnaed as a wit
ness for the defence. were you not r.
Il was, but | asked to be released" was tho
answer.
Because knew that I would be cross-cxam.
med and that. on my c,ross-eTsmination. l
rect examination. / have plenty OF sympathy
for your mother. but none for you"
Two other unimportant witnesses were called
by the prosecution in rebuttal. A. the case then
stood. the defence had introduced no evidence 10
Sontroyert. any OF the essential evidence pro-
duced by the prosecution. The defence was evil
IDENTIFY relying on the hope that the District Attor-
ney had not proved his case and upon the state
ments made hy the defendant In his crossexam.
NATION OF witnesses to influence the jury in his
favor; When Judge Hurd asked II the defence
and the prosecution were ready with their clos.
ing arguments the District Attorney announced
that he was ready and then Russell said:
our Honor, am no lawyer, and shall rely
for me. 1 have a few words, 6oweyer, that I
should like to say to the Jury. have too much
at stake in this case not 70 make this request,
and ! hope your Honor will grant H."
Judge Hurd said that there was no objection.
Russell read his address from manuscript. He
May II please the Court and gentlemen OF
the jury. during the long hours OF the past two
nishSl have sat In my cell In. jail wondering
the sophistries OF the brilliant lawyers who rep
resent the State. There Is nothing to distract
one thought in a prison cell, and the words OF
my tavorite poet came TO me like an inspiration
a. the words should speak to you. You doubt
tony saw upon ,h sS aestS SH "a MAKES An
Then the defendant quoted with dramatic
enect = part OF Marc Antony's GRAFTON. Next he
reviewed the testimony from the very first wit:
ness sworn by the prosecution. He spoke OF
Capt. stephen oBrien's identification OF him a.
the man who had shot Phil DAILY.
1t Is true. continued Russell. that I was
so unfortunate "a to have shot DAILY. but l tell
you nov, before God. that mad l known the con.
tens OF the Indictment found against ME at that
time would never have pleaded guilty 70 IT,"
Ihen the defendant undertook to explain the
objected. Russell pulled himself together and
turned his attention to the testimony Of Mr..
ssJut NJ ~ Ssen he had h n Tiih trout be
u know fun well the position occupied by Mr..
jerks IN this community. and no one can appre-
at present. He Is 4 brilliant lawyer and a re-
spected citizen. He has been exalted to public
s stsnSin, ia al, Sm h990dy, Just aS. " pS%r N wTSs's 20.
cused OF another. Give him a kick and let him
go. say the public: who would believe him
knowing that feeling. I felt that it would be
FOLLY for me TO take the witness stand In my own
before you let me 20 beg YOU to consider the
position OF this highly respected citizen and
witness stand. He intimate that hht he Saspee;eG
he was about TO be b~lacknailed FROM the
time, he nrst saw me-. This Is what the
man: He 50 ~skiltully laid his plans TO en:rap
me that he had not A single person 10 overhear
the wonderful conversation he says he hid with
me on that sunday night in his Office. He says
he had tine 20 inform Mr.. GrUut o. the meeting
and that be had detectives within Ten feet x
the LgnF nf h.a nFAFe and var FhaE arynra
that they did not hear a single word
Of that conversation. II he bad time 20 call two
detectives. or cause them TO be called, II he had
time 70 inform his partner Of the mcstirg-all
cone BY teIephong-lt seems passing strange TO
ne IIdn : nave TINE 70 h9tfy some other persons
and have them somewhere where they could
hear this conversation and make the case against
But &c dId not DO that. and be comes here ey.
pecting that his testimony alone and unsgp-
ported VIII be sufficient 20 send TO prison Que "
the worlds oCtcasts. In the eye of the law. gem
uemen. the word OF one man IS as good as
another even II one nts been cony!cted ot a
Il an told that | tremb!ci Ike a Leaf, gentle
men. when this man jerks, out of the .u!ncss ot
by insinuation, but of Iii own free viii. ad.
United The truth OF the article | wrote, when he
Confession OF the woman. sarah jacob, in The
Office Of the then District Attorney. Ritgway.
"Gen;lenen q the Jury I bsisvs before GOD
poor woman who had once been his vile 10 the
heart through me-
Nr. jerks sat IN full View OF the prisoner, and
when Russell made the statement gsotet Mr..
Jerks clenched his fists and almost jumped out
OF hts chair.
IL tremhled when he made that statement,
gentlemen, 4; was because | trenbled for Joy. I
believe II was Almighty God who put those
words In his mouth that they might be % help
10 me, nghting for nay liberty
Here the defendant broke down and wept for
several minutes. Then lie concluded: Gentle
men. | cannot say more. Take my case and 10
with IL a. you Viii. | have a little wife sit
ting over there. a bride Ot four MOnths.
since We were married | have done my best 10
support her in an honorable and honest way.
than a widow By committing a crime Ike this 7
II YOU do, send NJ TO prison, and AZ the Jutg-
ment Day may you receive the well done OF
your God and your Lori. Russsll- wife and
mother wept a. the defendant concluded.
Mr.. -pt-ro closed for the defence, and then Mr..
Eackus made the closing Argument Tor the pros
ecution. He talked for two hours, The noon re-
cess intervening. He concluded shortly before 8
O'Clock, and Judge HVri then charged the jury.
The charge was -nincn'ly fair.
The jury was our Just anogt 23 hours. A.
ned Judge Hurd that they had agreed. Asked
for the verdict. the foreman said:
md the defendant guilty as charged in
the indictment, bat We strongly recommend
MIN 20 the mercy Of the Court.
The verdict, with the recommendation for
mercy. caused no little surprise, A. soon as 10
was announced, Mr.. SpieTO asked that the Jury
be polIed. This done, he asked leave TO make q
motion for a new trial. Judge Huri said he
would hea- the motion on Monday. Russell dis
played no emotion when he heard the verdict.
III ,t.t.fIv f1II,u..T rha nf43~.-a nnf NJ D., cans .