The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-25
Upholds the Views Of the Law Of
Self-Defense of the Defense.
Lengthy Arguments Made by the
Counsel on Doth Sides-The Pros-
ecution Holds That by Ccnnella's
Own Testimony He Was Guilty OF
Manslau tighter at I.enst-The De-
fense Makes strong Toints %
Connclla's Physical Weakness
and Deafness and Of the slain
Mana Great Size and strength.

Special Dispatch TO the st-Inieligsncer.
SIDNEY. Dec. 4-9The jury Is now de-
Hherating on Ssa fate of james w. Cen-
nelia and the accused en- this Christmas
eve is awaiting the most momentous pre-
sent that will probably ever he forced
upon his acceptance. VIII these twelve
men, who have sat watching him day after
day, hearing the story If his alleged crime.
bid him Merry Christmas and prssent
him bis freedom or viii they DOOM him
to a term OF years hennli the bars.
Tomorrow is ConneEas birthday. He
will be 80 years of age. His pulse is now.
while his fate Is under deliberation In the
jury room as strong as though nothing
were happening.
1t Is probable the Jury viii be out but
short time. The Instructions OF Judge
Reid are slch that IL would seem almost
impossible for the jury to fnd the de-
fendant guilty. The theory on which the
prosecution has argued and worked from
the first is entirely set aside BY the court
in the following instructions.
IF two men engage in fsticuffs and
the one who commenced Ii Is thrown down
and his adversary ceases pomneling him
with his fists and seixes a deadly weapon
and threatens his ife-tha fact that the
man on the ground commenced the fisti-
cufr VIII not deprive him OF the right TO
defend bis life even to Tho taking OF his
adyersaryg.
"Rnt II tho man who commenced the
ffsticnfs did 50 for the purpose Of fnfnish-
ing a pre,ext TO Justify him In taking hts
adversary's life, having a fixed design to
do so before commencing the assault. and
with malice IN his heart. then the nami-
eide would be murder. and the plea OF self
defense would not avail.
Elf you find that CouneiIa assaulted Nell
son by shaping or striking him. but that
this was not done by reason OF fixed
purpose To furnish himself pretcxt to mur-
der him, but WAS done in heat or Ias.
sion, and thereuDon Nelson seized Ccn-
neiia and threw him down and stood Inn
Ynediateiy over him WITH dangerous
stick threatening and striking him with
IL, and Conseila believed that his stfo
was in danger or that he was In danger
OF great bodily hurt. ami you are satisfied
that be was justified in that
belief then and III that event,
although his conduct IN assaulting Nelson
was reprehcnstbie and wrongful. nererthe-
less such conduct would not deprive him
OF the right TO defend his life. or 10 defend
himself from great bodily harm even TO
taking the life or Nelson, IL that was
necessary"
Throughout the argument the jury paid
the very closest attention. The order Of
argument was as stated yesterday, With
the exception that the opening In behalf
OF the prosecution was by Prosecuting
Attorney J. II. Naylor. OF 6nohomisn
county. who presented the states theory
OF the crime and commented on the evil
dence In a very able manner. The ud-
dress by Ronald for the state was more
analytical than eloquent. his effort being
directed 10 irnpressing the Jury with the
fact that Couaeisa having provoked an as-
sauit on Nelson Is presumed 20 have In
tended tho consequences Of .iio fIrst afsanit
and could therefore not hope 20 invoke self
defense as his excuse for shooting. Lore.
for the defense, made an eloquent Plea for
connelia which vssihiy efsac.cd the jury.
At one time lie pointed ai connrila.
calling the attention Of tho jury 10 the
prisoners great. kindly. sympathetic
eyes" as Indicative Of hia simple, gener.
erous nature. At this tears gathered in
the eyes Of sh. accused man aad hss
hand .renlblef- At another time whsn =
sympathetic reference was made 10 HIM
self, tears gathered In Cpnnelia's cyes
and ro.iess slowly over the lids and down
bis cheek fs seemed 10 gather himself
together with an effort aai hastily cried
up The eryaaai drops on his handkerchief.
Dore rsferted throughout 10 the states
witnesses az hand Of couspira;ors ard
In several Instances called them pefiurera
Up 80 ,hs, laat moment II is impossible