Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-17
MR.. HoWARD'S SPEECH.

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MR.. HoWARDs SPEECH.
A Remarkably Ingenious and FOrci-
bic Presentation of the Case for
the Prosecution.
Mooney and Friday on the one side
and all the world on the other is the
closing statement for the attorney for
the Defense" began Mr.. Howard, in
his argument for the State. Very
early in life he added, s'as they have
stated themselves on the stand, they
made that choice. Both gifted with
splendid physique and more than ordi-
nary intelligence, they chose the side
OF the criminal classes. He said there
was vast difference between Mooney
and Friday and honest men. Honest
men, arrested by mistake, would have
told who they were, and how they
happened to be there and honest men
would have been believed. John Moon
ey and Frank Friday early in life ar
rayed themselves against society, and
that is why all the world is against
them.
Mr.. Howard replied to the structures
upon him by Col. Arnett, stating that
he conceded to nobody a larger heart;
but his sympathies go out to the de-
serving unfortunate, and not to the
criminal classes.
Mr.. Howard drew a contrast between
the methods of protection to-day and
in medieval ages, and said now society
relies upon police protection and jury
protection. The walls of the Ohio
county Jail and the Columbus prison
were not strong enough to hold John
Mooney. 1t remained TO be seen
whether the wall of jurors would be.
Are you men Of sufficient strength of
will and integrity, to bring in YER
diet of guilty, or will you allow your
selves to be swayed by the maudlin
sentiment which is always brought
into a case of this kind? Col Arnett
tells you that all the world is against
the defendants. Why? Because all
the world knows they are guilty of the
murder of James Hervey. The only
question is whether the jury will do
it's sworn duty, and not shrink from it.
There is no greater enemy to soci-
ETY. than the burglar; none SO danger
GUS. His purpose is merely gain;
but if cornered, he becomes a muir
derer. If wild animal at the show
were to break his cage, you would be
eager to get home to protect your fam
lilies against possible danger The
knowledge that burglars are abroad is
infinitely worse The animal would
be recognized, shot; the burglar would
approach stealthily, in the night, and
perhaps murder you while you slept,
IF you weep with the counsel for
the defendants, for Mooney and Fri
day, won't you so out to poor old
James Hervey's grave, and drop tear
there? Won't you also weep over the
corpse of the next man who is killed
by a burglar? You are positively
asked, in the face of overwhelming
proof of guilt, to acquit these men.
You need not be asked to turn them
out If you but recommend the pen
itentiary, John Mooney will get out
himself. When you can wipe out the
similarity between the shoes of the de-
PENDANTS and their tracks in the snow;
forget. that red and white masks were
found upon them; remove the evil
dences of recent discharge of chambers
of MONEYS revolver; forget the fact
that the bullets that were found in the
I1SlNCy nIlcu IAc ICfOlfS1
found on Mooney; when you can ignore
all the other facts establishing the
guilt of these men, then you can find
for the defendants.
Mr.. Howard called attention to the
fact that Mr.. Heiner testified that
cartridges are of different manufact-
ure. He exhibited to the jury the
cartridges found on the Hervey prem
ises with the word Peters printed on
the bottom; and compared it with one
exactly similar found upon the defend
ants; also with two cartridges taken
from the revolver of Mooney. Twenty
cartridges were offered in evidence.
There were three kinds. Mooney
bought his gun from a secondhand
dealer, and bought loose cartridges,
the strong probability being that he
got more than one kind.
I'VE know that a large man, wear
ing a red mask and soft hat. killed
James Hervey; that he wore shoes such
as were offered in evidence, taken from
the feet of Mooney and Friday" Mr..
Howard dwelt at some length upon the
fitting of the shoes into the tracks
about the house and along the road
He next took up the paling used as a
club, and argued that it had been cut
with a dull-backed knife, such as the
defendants carried. He took MONEYS
revolver, and asked the jury to note
that the grease had gathered the pow
der and held it in the three chambers
that were fired, until it could now be
scraped off with a knife
The plan of the robbery was for
Mooney to bold the people down stairs
with the club, while the larger man
went through the house upstairs.
Mooney met with struggle. Three
shots were fired from 80 calibre re-
yolver, and two hours later Mooney
was found with that revolver in his
possession, out of which three shots
had been fired. He argued the posi-
bility that all the witnesses could be
mistaken in their Identification of
Mooney and Friday, and the absurdity
OF accounting for all the circumstan-
tial evidence on the ground of coinci-
dence.
Mr.. Howard invited Mooney to stand
up and place the handkerchief over
his eyes. There was a craning of necks
and sensation in the court room.
Mooney moved about, and leaning
over, whispered to Col. Arnett:
Col. Arnett-I accept the offer and
ask him to do It.