The evening times., 1900-01-31

about that story. Ii has not all been tod.
but there never was q mother who. in my
conception, could have been so Indifferent
as thai.
Il have been for three months trying
to get theory for this case. The de-
fendant had a better chance. If there was
murder In his heart, 20 lure the child out
kill her and secrete the body. There may
then have been a slight chance for his
escape, hut as it was there was none. You
all know that a man OF his build could
never escape. Why. there is not a jungle
in darkest Africa which could have
shielded him, not cavern in the bowels
of the earth, not recess in the Himslayas
in which he could have eyaded the sleuth
hounds of the law. He knew it. if he was
sane. and you know it.
When he had killed the child he could
have made more secure his retreat by kill
ing the boy and mother. They were abso-
lutely at his mercy. He could have killed
the father. But he merely strolled away, the
bloody razor in his hand no recollection
of the deed which lie had done while act
ing under the impulses OF the senseless
rage of the epileDtic. He told the truth
he told the truth, gentlemen, when he said
that he did not remember doing the terri
BILE deed. He said he may have done it..
because his wife had said he had but he
did not remember thing about it,
Mr. Turner then reviewed the heredi-
tary lunacy in the family of the defend
ant. and referring to the injury to the
motor area of SHELLS brain, over which
Drs. Shute, Richardson, and Chaplin dis
agreed, said:
DR. Chaplin did not know the area
neither did DR.. Richardson. and Dr. Shute
has got it to learn. What is that quota
frnr hn C,,;,, q.
this case? Mr.. Gould may know Mr.
Gould is learned in the Scriptures, am
afraid, at the expense of the law.
What are we to say of that jailbird
Bryan, who fiaunted the miasma OF his
presence upon you yesterday? He, wko
probably forced his presence upon the de-
fendant, leper that he is, What are We
TO think of him coming here and testifying
as he did? Notwithstanding all testimony
to the contrary. nothing but a maniac
nothing but man with intellect shattered
and reason dethroped could have walked
away from the scene of his crime unSon-
sciously swinging the razor with which
he had dGne the deed, And if you find
after deliberation that the defendant was
a sane man, then l ask you TO Ijx the
penalty in your own minds as TO wheeler
that penalty shall be death or imprison-
ment for life. The old. cruel law quo:cd
by the eloquent Assistant District Attor-
ney is a dead law. He that sheds mans
blood, by man, shall his blood be she'd
We started with that delectable sentence;
we shall finish with a better one:
9 The measure that We mete it shall be
meted to you
Have mercy upon your fellew- w-man. The
honorable official of the Government will
say TO you. Shall he who showed no mer-
cy be shown 1t now?' How dare YOU sir
who dare not go to your rest at night
without asking, on your bended knees
mercy of God, decline to show mercy to
this man? If you send this man shriven
to the gailGws. then the surgeons saws
and scalpels will show the truth that we
claim that his brain was at fault, and
you We're wrong. Take the case, gentle
men, and in fairness and in mercy deal
with the case of BENJAMIN Hill Smell as
you would at the final day your God should
deal with YOU
At this point recess was taken until
lis o'clock when the argument for the
Government was begin by District Attor-
ney Anderson. He will speak for about
two hours, and 1t is expected that the case
will be given to the jury late this after
noon.