The copper country evening news. [volume] (Calumet, Mich.) 18??-1907, 1898-01-17
.SUCIETY IS TO BLAME
Novel Defense of a Chicago Man
on Trial for Murder.
ATTORNEYS HOPE TO SAVE HIM.

They VIII Attempt to Prove by Expert
Witnesses That Chris Merry Is n Moral
Degenerate and Predestined to Commit
Crime-Expect n Prison sentence-What
AssIstont States Attorney Pearson Says
of the Plans of the Defense.
Chicago. Jan. 17.-Fifty men of the
new venir. ordered by Judge Horton in
the trial of Chris Merry and James
Smith for the murder of Mrs. Merry
were at the criminal court, and the
greater part Of them were disposed or
in rapid succession by his honor on ex-
cuses ranging from physical disability
to an emphatic opposition to capital
punishment. The prisoners, tired by
the monotonous proceedings, paid little
attention to the examination, and both
seemed half asleeHduring the first part
of the morning Session.
Merry says he is innocent. Despite
the evidence in the possession of the
prosecution against the alleged wife
murderer he protests his innocence. Il
never killed Polly" Such was his state
ment to his counsel. Merry's attorneys
are impressed with their clients per-
sistent and at times vehement denial OF
guilt.
A Moral Degenerate.
The formal announcement Of Merry's
defense was announced. The attorneys
for Merry will attempt to prove by ex-
pert witnesses that Merry is moral
degenerate. The story of Merry's life
| will be told as Of one who was predes-
20 .xt,, 10 frth
very night of the fire in Chicago, his
growth, burdened with the taste for
| liquor inherited from a father, and
raised as a newsboy in the vagabond
| life of the slums, will be related to the
| jury to excuse and explain the crime OF
which his attorneys now seem disposed
to confess him guilty.
1--WE have learned" said Attorney
Pratt, that the prosecution has the
very strongest possible evidence Of the
crime. If il appears the prosecution
shall be able to prove all that it seems
| likely to now, there is no other defense
| for Merry. We, Of course. shall be gov
| erned by that evidence"
Opposed To Capital Punish ment.
The secret Of the defense in this case
} Is to be found In the fact that neither
Colonel Davidson nor Mr.. Pratt believe
In capital punishment. TT seems to m,
Il is little short Of criminal for jur,
TO condemn a man to DEATH" said Mr.
Pratt.
The defense will seek TO throw th'
blame for Merry's crime upon society
which permitted the social condition
under which he has grown up. and vii
ask the jury to leave his punishment
If he is to be punished, to God and tn
hereafter. The attorneys will conten'
that the interests Of society will be pro
tected If he is sent to prison, where h
can no longer do any harm. Assistan
} States Attorney Pearson, commenting
upon the defense as announced by Mer
( ry's attorneys declared such a defens
would have no standing in court, an
could only be used as a matter Of ar
gument to the jury.
| Not Defense for Crime.
"Degeneracy," said Mr.. Pearson, Il
| not a defense for crime. A mans en-
vironment does not remove the respon
sibility for his action.
why, IL the precedent that degener
! acy was defense for crime or coul
be put in evidence as mitigating cir
cumstance. eOery man who commits
crime could put in the same defense an
hope to escape. A man could say. 70
instance that he had lived all his LII
down on the levee, the friend of thieve
and robbers. and therefore he was no
guilty Of the crime charged agains
him. 1t won't CO."