The evening times., 1900-01-31

about that story. I'd has not all been tod.
but there never was q mother who in my
conception. could have been 20 Indifferent
as thai
Il have been for three months trying
90 get a theory To- this case The de-
feudanJ had a better chance. If there was
murder in his heart. TO lure the child oIt.
XIII her and secrete The body There may
then have been slight chance for his
escape. hut as il was 'Sere was rone You
I'll 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 evaded the s.euth
hounds Of the Law. He knew u, II Le was
sane. and you know IT,
when he had killed the child be could
have made more secure his retreat by kilt
ing the boy and mother. They were ahs0-
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 ot the senseless
rage Of the epileptic He told the truth
he told the truth, gentlemen. when he said
that he did not remember doing the terri
bic deed He said he may have done it.
because his wife had said lac had. but he
did not remember thing about It."
Mr. Turner then reviewed the heredi-
tory lunaCy in the family Of the defend
ant and referring 10 the injury to the
motor area Of SHELLS brain. over which
Drs. Shute RichardsoE, ana 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
tiOn trOra the Scriptures which applies to
Z fhis case9 Mr. EouId H.
| Gould is learned in the Scriptures ] am
afraid, at the expense OF the law.
What aTe we to say Of that iaiIbirj
] Bryan, who hauntei the mlasna OF his
1 presence upon you yesterday? He, wEo
I probably forced his presence upon the de-
feudant, leper tina. he is, What are We
| to think Of him com IaS here and testifying
as he did, Notwithstanding all testimony
| to the contrary. nothing but a maniac.
nothing but a man with intellect shattered
and reason dethroned. could have walked
away from the scene Of his crime. uncoa-
I sciOusly swinging the razor with which
I he had done the deed. And if lou find
I after deliberatiOn, that the defendant was
/ a sane man. then / ask YOU 10 Tx the
! penalty in your own minds as TO wheeler
I that penalty shall be death or imprison-
ment for life. The old. cruel law quo:cd
! by the eloquent Assistant District Atfor-
I blood, by man, shall his blood be shed.
I We started with that delectahle sentence:
( we shall finish with a better one.
The measure that We mete it shall be
meted to you.
Have mercy upon your 'eiIow- The
honorable official OF the Government will
/ say to you, Shall he who showed no mer-
ey be shown II now2' How dare YOU. sir
who dare not go to your rest at night
I without asking. on YOUR bended 1nees.
mercy Of God. decline TO show mercy to
/ this man? If you send this man shriven
/ 70 the gailGws. then the surgeons saws
aud scalpels will show the truth that we
I claim. that his brain was at fault. and
! you We're wrong. Take the case, gentle
4 men, and IL fairness and In mercy deal
I 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
/ / 10 o'clock when the argument for the
| Government was begin by District AttOr-
ney Anderson. He will speak for about
/ two hours. and II is expected that the case
| will be given to the jury late this after
I noon.