The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-03-08

because there was no wilful nor msliciou,
intent Neither is he guilty Of voluntary
manslsuRhter because he did not wilfully dc
the shooting, The law says, that where a
man attempts TO take q revolver from an
other and the other person is shot he is guilty
Of involuntary manslaughter, and we're the
prisoner indicted for involuntary man.
slaughter there would be no trial. plea Oi
/ guilty would have been entered BY the de-
tendant. Dennis Mccarthy had no right Ia
attempt TO take this revolver He did wrong
under the excitement Of the moment Con.
slider well the evidence and give the verdict
accordingly. Mr.. Dolphin spoke about forty.
five minutes, making a powerful, eloquent
address
District Attorney Bechtel began the closing
address at 35 o'clock by denying the as
sertiou Of Mr Dolphin that he desired to try
the case on public opinion formed from news.
paper reports. On the contrary he had ex.
pressed surprise in his opening address that
any juror had expressed himself as having
| formed an opinion from such reports. The
criminal law is not founded on the principal
| Of vengeance, but on the contrary is humane.
/ IL seeks TO deter from crime by the example
/ OF punishment If that we're not the law we
might as well discharge every prisoner and
tear down the Jail Should the Jury let An
innocent mau escape they make themselves
| responsible for increased danger to the in
nocent. They have absolutely no defense to
| oder. If the duty were on the Common.
wealth to prove a motive many guilty
ones would escape Is not the fact
that deadly weapon Was used enough
evidence to show he bad an intent to
commit crime. I had begun to think
that they would try to prove that the
defendants mind was clouded but when he
took the stand all that was blown away. He
remembered everything, even to the fact of
ms sister going away and saying that she
would fix him. The only thing that could
reduce the degree would be TO show that he
was betuddled. The law would then reduce
the crime to second degree, guarding as it
ever does human life iealously. That defense
has gone to the winds. There is one other
way to secure an scquittal The killing must
be denied. Didn't it strike you as strange
thing that he tried to take this revolver from
his poor old mother2 Didn tthey try to leave
you under the impression that he didn't
know where the revolver was ? If he didn't
know where it was, why did the good old
mother 90 in to get it and stick it into her
bosom l care not, for the sake of argument.
whether he got this revolver from the drawer
or from his mother He was i'm
the full possession of his senses and
wanted the revolver TO use il
believe his whole statement is false for tbe
sake OF saying himself Had any one of the
jury had struggle with his mother. and ac
cidentally shot her, he would have gone at
once and delivered himself up to the 'Souire
lie would say, Il know / did wrong, but II
was an accident" When his sister went In
nave MIN arrested he made up his mind that
Joe hOWley, or no other Constable. would
take him, so he went and got the revolver
when. in an unguarded moment the revolver
was discharged 1t is for the Jury 10 say
whether he did the shooting wilfully. or NOT.
or If the mother tried to take the revolver
from him, instead of him taking it from the
mother. If your mother could speak Iook-
ing at the prisonerl she would, no doubt saw
that am pretty close to the facts Her face
ought to be before you until that final dav
Crurning to the jury If he did notintend
to Kill her he did it to thwart her purpose of
taxing the weapon from him and is wilfullv
guilty to that extent. If we should commit
an error IN convicting him we have the par
doning board to correct mistakes. Your dutv
should be discharged fearlessly.
Mr.. Bechtel concluded his address at 100
Oiochi aIlef making a torceful, effective
speech.
Mr. Swank then asked the Court To in !
stTuct the jury that there was no evidence
given to warrant the address Of the District
Attorney or to warrant the assertion that
there were powder marks on the neck.
Mr.. Dolphin also submitted a point that
there being no evidence to show that the
mother had attempted to take the revolver
"a auru fro, h..
Attorney having made such an assertion in |
his speech, the jury should be instructed to
acquit.
Mr. Bechtel said that he had used the
words may have" and lin an uuguarded
Judge Mari here stated that, it being near
the time of adjournment, he wsuld excnse
the jury until this morning, at o'clock
when he would pass on the law points and
deliver the charge.
THE COURTS CHARGE.