The evening times., 1898-06-08
THE PRAYERS OF COUNSEL
End Of the Trial Of I,ennis J.
Canty approaches.
The ARGUMENT HAS. BEGUN
Mr. shiIIinston Opens for the Pros
ecuttolS, and VIII BE Followed by
Messrs. Wilson and Woxtbington
for the De fe fense-District Attorney
Davis VIII Make the Final Plea

As the pistol with which Canty killed
Rye on March IS, was the first piece OF
| material evidence in the trial which has
extended over three weeks. SO was 1t the
last, the defense this morning having Of
fered to Introduce testimony to show thai
about sixteen months ago half-witted
man purchased revolver from Grose. the
| dealer from whom 1t is contended the de-
| ferdant bought the weapon.
1t was intended to prove by this testi-
mony that Grose sold deadly weapons
without making proper record.
Mr.. Davis objected to the introduction
Of the testimony and Judge Cole. without
making final decision intImated that II
was not admissible.
1t was expected. as stated at the hour
of adjournment yesterday by Mr.. Da-
Wis. that the Government would intro
duce another witness this morning be-
fore 1t closed its case. but as the witness
was not present the session was taken
up in offering prayers for the instruction
of the jury.
There was some little doubt as to who
should pray first" Mr.. Davis said 1t
Tense should have that privilege, but Mr..
Worthington dissented. and the district
attorney submitted eight prayers. Those
bearing most directly on the points at is
sue follow:
1T is a conceded fact in this case that
the defendant shot and killed the de-
ceased at the time and place and with
the weapon described In the indictment;
the question to be determined by the jury
upon the evidence Is whether such kill
ing was criminal or excusable. The pros
ecution claims that II was criminal. and
the defendant claims that 1t was excusa-
BILE. Murder Is the offense with which
the defendant Is charged.
THE defense In the case is seif-de-
fense, which exists when one without
fault Is assailed by another under such
circumstances as furnish reasonable
ground for apprehending a design to take
the life of the former, or to do him some
great bodily harm.
'"The use merely of words. no matter
how offensive or insulting. does not justi-
fy an assault by the person to whom
they are used upon the person using
them: neither does the threatened use of
such words on future occasions Justify
such assault: the jury is accordingly in
structed tfiat n -tfIey ssIsff find from the
evidence that the. deceased on the day
preceding the killing. had used offensive
and insulting words to the defendant on
the public street and In the hearing of
persons standing by and passing and had
threatened to use similar words to the
defendant. in the presence and hearing
of the public. whenever and wherever he
might subsequently NEE: the defendant
and should further find that when the
deceased and the defendant met on the
day OF the killing. the defendant believed
that the deceased then and pursuant to
such threat. intended to repeat such Of
fensive and insulting words in the hear
ing Of persons present, and that the de-
fendant. either in anger at such use and
threatened use of such offensive and in
sulting words. or to prevent the repet-
ton thereof or for both reasons. shot
the deceased. intending to kill him or do
him great bodily harm. such circum-
s:ances alone afford no excuse for such
shooting. and the jury should find the
defendant guilty as indicted
THE defendant should not be convict ell
unless the jury is satisfied from the sv:-
dence of his guilt beyond reasonable
doubt. By reasonable doubt, however. is
not meant every doubt. 1t Is not a cap
tious doubt; it Is a doubt which must
grow out of the evidence, and imports
such a condition of mind resulting from
a consideration of the evidence before the
y
as reasonable men. to arrive at satis-
factory conclusion, and it Is not a con-
sciousness that conclusion arrived at
may possibly be erroneous but arises out
of such a state of mind as deprives the
jury of the ability to reach a conclusion
that is satisfactory.
Further defining reasonable doubt the
court instructs the jury that in order to
convict the defendant it is not necessary
that the jury should be satisfied that its
verdict would receive the appreciation of
others than themselves acquainted with
the testimony. or fear that it would re-
ceive criticism at the hands Of SUCH
The defense offered eleven prayers, the
chief points claimed being:
THAT the defendant Is presumed to be
innocent and Is entitled to acquittal u,,-
less proven guilty beyond a reasonable
doubt.
That If the jury find that from the
words and acts of Rye Immediately prior
to the shooting. that the defendant had
good reason to fear deadly~assault, he
was justified in using necessary means to
defend himself.
THAT in coming to conclusion the ju-
ry should take into consideration all evi-
dence of threats which they are satisfied
Rye made against the defendant.
That If the jury find that at the time
of the shooting the defendant was on
the street III the lawful pursuit of busi-
ness and believe that his life was in dam
ger from the deceased. he was justified
in taking his life.
THAT II from all the testimony the
jury have reasonable doubt as to whether
Rye at the time of the shooting had in
his possession an open knife, which is in
evidence. the defendant is entitled to the
benefit of the doubt"
The arguments as to the recommended
tion of the prayers of either side consum-
ed several hours, and the discussion ex-
tended into the afternoon session.
1t was suggested yesterday that the
sessions of the court be prolonged until
p. M, when the arguments begin. and IL
It Is agreed to Mr.. Shillington will make
the opening argument for the Government
today. He will be followed tomorrow by
Mr.. Wilson and Mr.. Worthington, and the
closing appeal to the jury will be made by
Mr.. Davis.