The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-07-01

McGarvey got drunk Of his own accord.
She had no object in having him drink
Up his money. Asked about McGarvey'
razor, she said that she had MD il that
morning 10 keep him from getting il. and
that she did not know how he goC IT,
The witness was subjected 10 some Sc
we're cross questioning by Mr.. Kline as 10
her own habits and past career. She de-
MED that she got drunk, but said that she
drank a glass OF beer some times and oc-
casionally took a little whisky for a pain
in Aer stomach. she had never been be-
fore the Police Court for drunkenness she
said. Asked about some trouble she had
had with some other women and a private
hearing before the Recorder she replied
that she did not feel called upon 10 answer
the questions. Solicitor General Osborne
objected 10 this manner Of questioning the
witness. Mrs. Hawkins denied that she
was drunk on the occasion referred to.
The attorneys consumed nearly three
hours in their arguments. The attorneys
for the defense. Messrs Kline and Myrick
based their defense chiefly upon the claim
that the defendant was morally irresponsi-
ble at the time Of the killing. because Of
his mental condition as the result of the
prolonged spree in which he had been en-
gagged. and in which he had been aided
and encouraged by the Hawk'nses in or
der that they might control the expendi-
ture Of the money which ne had deposited
with Entelman They argued that Nc
Carney was practically a prisoner in the
hands Of the Hawkinses. who piled him
liquor for their purposes. Il was also ar
gued that there was TO direct proof that
McGarvey had killed Hawkins, and that
the crime might have been committed by
some Of the other men VINO lived in the
house.
Solicitor General Osborne in his reply
devoted special attention 10 the claim of
the attorneys for the defense for mental
irresp onsibhlty on the part of their client
due 10 long Indulgence in drink. The same
plea ne said had been made in a celebrated
murder trial by no less a man than the
late Benz II. Hin, and the Supreme Court
had gone TO The trouble TO refute Mr.. Hill' $
position in a very lengthy decision. Should
the doctrine Of moral irresponsibility be-
cause Of long continued Indulgence in in
toxican,s be upheld, Mr.. Osborne said.
there would be no safety for any man, wo-
man or child in tire community. ANY bum
who wished TO commit a crime would only
have 10 get drunk and claim afterwards
that ne remembered nothing about it and
that he was morally irresponsible because
his mental faculties were unbalanced by
long indulgence in intOxicants.
Mr.. Osborne also pointed out that while
NcGGrvey's memory stopped short at the
f
in detail the circumstances of the morn
ing's debauch. and, in fact. practically
everything Up to the moment before the
fatal Ghray. and that when arrested he ad-
mit.ed that he had cut Hawkins. and re-
marked that he wished he had killed him
Judge Falligant delivered his charge e
] the jury with his usual ability and Il 3
I elimination, giving them the benefit OF
Z the law bearing on the case and charging
I them particularly that drunkenness is nc
I excuse for crime though they were Above
10 draw their own conclusions as 10 tbs
/ prisoners mental condition at the time
! The jury retired about 1880 O'Clock and
came down fifteen minutes later with a
/ verdict OF guilty, with a recommendation
I TO the mercy Of the court. The sentence
Z to life imprisonment was Immediately de
iivered by Judge Falligant. McGarvey is
nearly 80 years OF age and a physica
wreck. and the opinioz was freely ex
I pressed that a life sentence means only a
few years 10 him.
I The jury did not reach the verdict or
I the first ballot. however The first vote
showed ten for guilty OF murder. with
( recommenda lion. and two for manslaugh.
ter. on the second ballot she jury st0oi
/ eleven for murder and one for rnanslaugh-
ter, and the third vote resulted in ths
verdict stated.