Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-11-12
CLOSING ARGUMENTS.
Occupied the Attention of the
COurt All Yesterday.


Occupied the Attention Of the
Court All Yesterday.
The entire day was devoted to the arSu-
ments of the prosecutor and the counsel
for the defense, and this had the effect OF
filing the benches. most of which were
unoct upied during other days of the trial.
While the arguments were being made
Defendant Darragh sat facing the jury,
watching with keen interest every ora
torica. effect on the jurors. Mrs. voEt, the
prosecuting witness. and Mrs. Morris, ar
other depositor. sat near Darragh in plain
view of the jury, but outside of the states
witnesses none of the banks SEQ depositors
vas present at the closing of the case,
ard this fact was alluded to by Major War
ner in his argument in defense of Darragh.
Prosecutor Lowe attacked Darragh without
mercy while addressing the jury, but the
ex-bank president showed no more emo
ticn than at any other time during his
trial. He sat toying with his cane, lis
chair tilted back, but no emotion was
traceable in his face at any moment. When
the jury filed out of the room he conversed
with Fish Commissioner Crisp and chatted
pleasantly with those about him as II MOTH
Ing out of the ordinary could happen.
Darragh's nerve is superb" remarked
nitness for the state as she watched the
defendant chatting With those around Tim.
Up to the closing sensational finale Of
the trial 1t was very commonplace. No
cheers followed Prosecutor loves fervid
appeal to the jury, which. for the most
part, sounded as an apology for his bung-
ling manner in the presentation of facts.
o'clock yesterday morning. Judge 'Sv Wofford n d
read the instructions to the jury, Which
were similar TO those used in the Sattley
trial, which occupied the time of the Grim
inal court for five weeks. There was sim
ply transposition of names. Darragh's
for Sattley's. The instructions were
that the jurors could consider in this case
that the failure of the bank was prima
facie EVIDENCE that , the president had
could be so considered unless rebutted or
the contrary proven. The other instruc-
tions were devoted to the penalty in case
the jurors found the defendant guilty. and
relative to the presumption of guilt or in
nocence.
the jury there Were barely half a dozen
spectators in the courtroom. After the
reading of the instructions to the jury,
n@nt e was by bye Iaer IGpE Waraer asg
Prosecutor Lowe making the final argu-
ment; John o'Grady. associate counsel for
ness. and the duty of making the entire
argument for the defense devoived upon
Each side was given three hours for ar
gument and there was no recess except
for the noon hour. which came while Ma
jor Warner was in the midst of his argu-
ment.
Prosecutor Lowe took up an hour in
general references to the case saving his
effort for the closing speech. He said that
Mark coppineer's appraisement was much
too low and everything showed that the
appraisers themselves were the friends of
Darragh In making the inventory of as
c
Major Warner commenced his argument
Mt II O'Clock. and the courtroom COM
n,enced to fill rapidly. He stated that he
felt some embarrassment in approaching
the arguments in the case. by reason of the
conditions that had arisen over which he
had no control. The major alluded to the
Illness of Attorney o'Grady. his associate
counsel in the case. Many years ago
the criminal court'' said he. :'because II
there Is position that is trying to law
yer, it is when he stands between the liber-
tics OF another. and everybody is human
When it comes 10 the man with whom
have shared the privations of past there
Major Warner referred to Darrach's mis-
fortune In losing leg in the defense OF
The merchant prince or the bpggar mus,
come and stand trial before a Jury of Eis
peers. The distinguished gentleman who
represents the state says that he has nc
se major IeTs ase IN 'e never t'cr raorE and he
the state irving TO find a victim TO serve
the exisencies of the occasion. when jus.
tice rrn riot victim must he had said
he. Major Warner then went into n de
tailed review of the assets of the hank
dwelt upon the conditions that existed in
the fall of 1885, ard told how bushes.
vas paralyzed and how the appraiser.
placed low estimate on the assets of tn,
bank in order 10 have the assignee make /;
good showing
Mfr. Corpnger appraised tho property NJ
0.ssH. which Judge Bernard placed a
s1s5 500 n difference OF SLOT $50" said Mnio,
Warner. II am giving YOU facts gentle
men. and there are many of them bu
] will try TO avoid going into Slitterinc
Gereral:ties as has the state, hat which
have nothing to do with the matter In con
troversv.
Mr. Darragh stated to Stringer. the paw