Marietta daily leader. (Marietta, Ohio) 1895-1906, 1898-09-08
\ FINISHED
Is the Taking Of Evidence in
the MCSWeeney Case.
ARGUMENTS OF ATTORNEYS
Before the Jury of Twelve Men
Good and True,
WHO WILL DECIDE THE FATE OF
THE DEPENDENT.
Seven Witnesses Examined wednesday
Morning and Then the Final Plea
to the ,July was Begun. Case
will Probably go to the
Jury Friday.

The cool breeze ofWednesday morn
ing filled the court room with a re-
freshing air which put new life into
those who are fighting for the rights
of the great State of Ohio and those
who are fighting to save the life of a
murderer.
The defendant appeared early in the
day with his usual calmness which
gave way, during the day, to tears and
nervousness as he heard the story of
the crime rehearsed to the jury.
| Harry Kerps, Joe Harris, Daniel
Kerps, Ed. Whiting, John c. Saner,
John Knox and c. l.. Booth all took
the stand, in the states rebuttal, and
testified that they had had more or
less business with McSweeney and
gave as their opinion that he was of a
sound mind. At this point the state
rested.
The defense then called Geo. W.
Richards and asked him what he told
McSweeney that Mason had to him.
The defense then rested and the at
torneys started in on the legal battle
to be fought on behalf of the State of
Ohio VS.. Morgan McSweeney.
A limit of six hours was placed on
the arguments, thus consuming twelve
hours. The time was divided as fol-
lows: Prosecuting Attorney Brenan
two hours for the state, followed by J.
c. Preston, one hour; A. ]. Edwards,
one hour; W. G. Way, two hours, and
L. w. Ellenwood, two hours, for the
defense. The arguments to close with
the final plea for the state by Attorney
Follett.
By this time it became known
throughout the city that the argu-
ments were about to be commenced
and large crowd gathered in the
room. A number of women collected
about the prisoner and shook his hand
after which they sat near him and oc-
casionally Joined the defendant in
tears
Attorney Brenan opened his argu-
ment by briefly stating the claims of
the state and asking the jury for JUS
tice only.
He called attention to the fact that
a grievious crime had been committed
and stated that the citizens of the
State of Ohio demanded that the law
should be carried out.
He went carefully over the history
Of the crime and cited all the points
which the state claimed. He intro
duced the clothes which the victim
wore ON the night of the crime, show
ing the knife cuts in them and the vest
covered with the life blood Of W. e.
Mason. He eitsd authorities on the
case and asked again for justice.
After dinner AttorneyPreston open
ed the arguments for the defense. He
said he was glad that the trial was
nearing the end.
He asked the jury to render a YER
diet to satisfy their own conscience
and do justice to the defendant
He stated that the defense had four
distinct lines Of defense.
He closed in burst of eloquence
for the life Of the defendant.
Attorney A. j. Edwards, of Pitts
burg, then addressed the jury on be-
half of the defense. He congratulate
ed the Court, the Attorneys and the
jury that the end was dawning. He
paid high compliment to the attor-
neys of Washington county especially
those connected with this case. He
opened his argument in a clear, dis
tinct voice and handled 1t in a master
ly manner, citing the different points
which the defense claimed. He stated
that the jury of twelve men, good and
true, were about to be entrusted with
the life of human being that belongs
only to the Creator and that it was a
great task for human being to take
it. He spoke Of the past life of Nc
Sweeney and dwelt on his humble
home in the blacksmith shop after he
had been driven from the home he had
worked for He went carefully over
the case from the defense side and
closed by asking for justice.
Attorney w. G. Way then took up
the argument for the defense. He
stated that he was glad that the de-
fendant was being tried by Jury o.
twelve human beings and not by the
newspapers. He spoke Of the papers