The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-06-16

| and said that he was the only one knocked
down. He did not see Mcclure strike Fall
! ion, he said.
Moore and Lakewood both testified pos
| itiVely that Mcguire did not grab Fallon
( by the throat. and that they did not see
Mcclure make any motion towards Fallon
previous 20 the shooting. The table was
/ between the TWO men, Lakewood said,
and Mcclure did not rise out Of his chair
until the shooting began.
! Or; NJ. +. Dunn, VINO had been kept IN
/ waiting all day, was called by the state in
Mcguire on Jon. II, Mrs Mcclure inform
/ ing MIN that she had dismissed DR., Nor
/ Ton. Mcguire was in bed, and was evil
+ IDENTIFY very sick man. The trouble ap-
/ peared 90 be in the left pleural cavity, and
J there was a tender spot lower down in the
/ lumbar region. The presence of chills with
| FEVER was noted, and upon this he pre-
! dicted the next day the existence of septi-
cemla or blood poisoning resulting from
/ the bullet wound. There We're no symp>
toms of grip. After the death DIR. Dunn
! he'd an autopsy, which confirmed his pre-,
| Vlous diagnosis of the case. In his opin-
| death.
DR. Dunn was examined at length by
/ the opposing counsel. He admitted that
any such imprudence or indscretion as
! that attributed to Mcclure would have
had bad effect and would have been
| contributory cause Of death. 1t was i'm
| possible 10 say, he said, whether death
would have resulted without such expos
| ure or excess. The wound was one of
! kind which has caused death in many
| cases, and in other cases the patients have
| recovered.
! DR. Dunn was examined at length upon
medical and surgical subjects, such as
! the encysling of the bullet, the inflamma-
| ton and the consequences generally like
| ly to result from such excess as Mcclure
| was said 10 have INDUCED in several
! suppositittous cases being put to him By
| the attorneys. DR.. Dunn said thai the
wound was not absolutely and necessarily
a mortal wound, and that Mcclure might
possibly have gotten well had he exercised
| proper care of himself. In the autopsy,
| he said. he found pus in the p.eural cav
| ity, evidently the result of the injury by
the bullet TO the pleural wall, and such
as would have caused blood poison, re-
The state desired to put Mr.. Thomas Bal
lantyne, Jr., the, brotner-in-law
Stand Of the de tssiifS upon oor,s 5he
matters relating to the statements of the
| physicians but Judge Twiggs interposed a
very positive objection On the ground that
Mr.. Ballantyne had been in the court room
all day and had heard all the testimony.
| Mr. Osborne stated that he had not in
| tended 10 use Mr.. Ballantyne as witness,
and it was only certain developments IN
| the case which made it desirable for him
to do So The court decided 90 uphold the
rules, however, and Mr.. Ballantyne was
| not allowed to testify.
Both sides announced closed and the
court adjourned until $50 O'Clock.
Mr.. Oliver began to speak for the de-
Tense at O'Clock. The first few minutes
| of his speech were devoted to a discussion
| of the points of law involved in the case,
| and the remainder of his time. about an
hour, almost entirely to a bitter criticism
| of the witnesses for the state. Moore and
! Lakewood We're held up 10 the scorn and
| derision of the jury and Bassett got even
| more than his share of abuse. Inconsst
| encies, or apparent inconsist eucies, in their
| testimony were pointed out and comment
ed upon at length.
The concluding speech for the defense
was made by Judge Twiggs His atten-
| ton was directed primarily to an argument
upon the law of proXimate cause and to
| an effort to show that McGure's death
did not result from the pistol wound in
f1icted by Fallon, but was caused by the
wounded mans own imprudence and dis
! slpauon. Judge Twiggs contended that
| TO convict Fallon the jury must determine
| that the wound he inflicted was necessa-
rily fatal and ridiculed the solicitors posi-
| ton that 1t was sufficient il it contribute
ed to the death. Gentlemen of the jury"
said Judge Twiggs, you can't convict
Fallon under the facts of this case. If
his hands were red and his heart black
with murder you can't convict him be-
Mcclure"
The witness Bassett seemed to have in
CURED the especial displeasure of both
| of the counsel for the defense as he was
also roundly roasted by Judge Twiggs-
| Abiding to the fact that the witness for
| the state had included a professional
coroner and a professional doctor, he
wound up by saying the tale bad been
| fessional liar, Bassett.
Judge Twiggs also roundly roasted Wit
| ness James Moore, whom he held up as
| utterly unbelievable. In fact there has
not been a case in court recently in which
the witnesses have been so generally and
| so severely scored
| Judge Twiggs contended that his client
! had acted entirely in self-defense in firing
| upon Mcclure, and drew a vivid picture
! of his client with the Iron hand of
| Hercules at his throat" IL was the
God-given right of self-defense which i'm
| PEELED him to fire, he said He would have
| been less than man not to fire. Judge
| Twiggs patted Fallon on the head and
said he was not the boy to wear felon S
| stripes. He had slept too long in a mar
row cell already, he said. In conclusion,
| he cited the jury to the golden rule, and
urged them to apply it in the case of his
| client. Better still, he said, than the
| golden rule is the word which summed
| up all the law and the gospel-"Duty."
! He urged upon them that they do their
| duty by his client. Set him free be-
cause he ought to be free" said Judge
| Twiggs, dramatically.
Mr. Osborne. in opening his argument
| made some sarcastic illusions 10 the flights
| of eIoquenee INDUCED in by the opposing
| counsel. I'VE will now proceed to come
| discuss matters on more prosaic but
| common sense business. Philosophy is
| beautiful but facts are more to the point.
| NV friend asks that you be guided in
| nothing more beautiful than the golden
| rule. If the world would be governed by 1t
/ tnlS eafln would De q pdfdulae. Inc tfOu-
| Bile with my friend Is hat he didn't begin
| fortunately for him he waits until a life
| has been taken, a home destroyed and the
| heavy hand of the law hangs over the head
! of his client. He should have gotten that
| young man into his Office the day before
! the shooting occurred and preached the
| golden rule TO him and perhaps he would
| not have Leen here to-day.
"Fallon is not the only man who occu-
| pies narrow CELL said the solicitor. Nc
| CURE occupies a narrow cell and he occu-
nix C "a mn
| There is less air in it,"
Mr.. Osborne spoke of the reckless man
ner in which the opposing counsel had
vilifed the witnesses, to an. extent, sell
dom, if ever before, equaled in that court
room. Not satisfied with branding the
witnesses for the state as perjurers thov
| had dragged the earth from a dead man 5
coffin and upheld Mcclure to the world
| as a drunkard and a brute.
! Mr.. Osborne first took up the technical
| defense thai Mcclure did not die of the
wound inflicted by Fallon, and conse-
quently that The latter could not be con
victed of murder. He quoted the ancient
law on this subject, TO the effect that
| neglect or disorder on the part of the
person who receives the wound shall moi
excuse the person who gave the wound.