The herald., 1898-11-23
A fARCICAL EXHIBITION
MACHADo MURDER TRIAL ENDS
IN DISAGREEMENT
JURORS MUDDLED BY LAWYERS
New Plan Said to Be to Send Ricardo
to the Reform School on General
Principles

The trial of little Ricardo Machado for the
murder of Eddie Schmitt, his playmate, at
San Pedro on the 10th of September last,
was finished yesterday, and resulted in
disagreement Of the jury.
Thus ends the most farccal murder trial
ever held in this county. From beginning
to end it has attracted an audience whose
sympathies were plainly with the little
boy, sitting there with look of childish
anxiety which was truly pitiful.
Ricardo himself testified that he was
pounding the gun with stone on the porch
of Sanderson's house, in an attempt to dis
lodge the shell which had stuck in the bar
rel, when Eddie Schmitt entered the gate
just as the she'll exploded. Being in direct
line with the gun, the boy was shot and
fell just inside the fence.
1t was a reasonable story, told with an
air of sincerity, and one that all the circum-
stances surrounding the tragedy favored as
correct. Other witnesses gave evidence to
the industrious habits of Ricardo and his
mother said he had taken the gun that
morning to Sanderson's to get it fixed, with
view of going hunting. The testimony for
the prosecution and defense was substan-
TALLY to the same effect, but subject to in
dividual deductions.
In the argument these opposite theories
! were rolled over and over by counsel in the
case. Deputy District Attorney McConas
chung to the idea that the innocent-looking
little defendant was villain in disguise, a
person dangerous to the community, tough,
bloodthrsty and deserving, at the very
least, of term J the reform school.
Mr.. Sallee opened for the defense with a
critical analysis of the evidence. He showed
how every act Of the defendant could be
plainly explained by the fact that he had
been asked to go hunting with Sanderson
and had carried his gun, in its disabled con-
dition, to him to be fixed before starting on
such an expedition. Sanderson was too
busy to fix it and Ricardo had undertaken
to get the wedged shell out himself. The
tragedy was the result of an accident, pure
and simple.
Mr.. Allender made an impassioned ap-
peal in behalf of the little olive-skinned fel-
low, ridiculing the attempt of the prosecu-
ting attorney to make him appear as a cold
blooded murderer and of pursuing him with
view to avenging crime committed with
malice and premeditation. Some of the
jurors were moved to tears by his eloquence,
and there were those in the audience whose
eyes were not dry. Even Ricardo's lip quiv-
cred and his breast heaved as his lawyer
spoke of the holidays just coming on,
Thanksgiving, Christmas and New Years,
all dear to the hearts of children. The
spectre of a sentence to life behind the bars
was more than he could endure.
| Mr.. McComas closed with brief argu-
ment, from which one might infer that his
heart was not in the work and that he
would be quite as well pleased to see the
boy acquitted as to secure his conviction,
albeit he was himself the public prosecutor.
The instructions to the jury were soon
read, Bailiff Marsh sworn to take it in
charge and the twelve men, good and
| true" filed out at 3:04 p. m. to deliberate on
a verdict
| While waiting for the jury to report, the
boys relatives gathered inside the bar The
bailiff allowed the little defendant to take
chair back by the rail. There he sat, a
brother on each side, holding his little sister
in his arms, while his mother, closely
yelled and dressed in black, kept watch
upon the little group.
1t was a picture for an artist. The little
girl was three years old, the youngest
" ao'uei W .nc neAV II, dHu hlcaruo OnAy ID.
The 6-year-old boy, after waiting more than
an hour for verdict, commenced to cry,
and standing in front of his mother sobbed
with child's emotion, silent but grief
stricken, as he rubbed his fists in his eyes
as the tears trickled through his fingers and
down his swarthy face.
The minutes heightened and at last the
hour approached when the mother was COM
PEELED to gather her little ones and bidding
fearful farewell to the brother, still held
by the arm Of the law, the little family
passed out. Ricardo choked back the tears
bravely and awaited the final act in this
farce of justice which was to result in the
dismissal of the jury for disagreement and
his recommitment to Fort White" the
bastile of the county.