The Marshall republican., 1900-08-10

at SchOOley's barn was Closely recall
ed aud presented. Before closing. Judge Hun.
ter reviewed the evidence Of the defense's wit
nesses, brought up the points in which their
testimony had been discredited. and referred
to the manner in which the general reputation
Of the defendant and Mrs. Harrison and
daughter had been made plain. He paid a
tribute to the men Of Malta Bend and attribut.
ed their prosecution Of Purcell as a desire up.
on their part to uphold the law and protect
their homes In plain, strong words. he babe
the Jury uphold the law and deal out justice
a. they saw il, leaving acts Of mercy to its
proper dispensers. exhorting them to put aside
their sympathies for the parents Of defendant.
remembering at the same time that the mother
and sisters Of the deceased were objects oil
sympathy in that the defendant had robbed
them of son and brother, the protection Of
their home. His review Of the case was close.
IL and concisely drawn, each argument Sue
ceeding in proper order that into which II
dovetailed. Not, only did he build a strong
prosecution, but in his Impeachment OF the
character Of the defense's star witness and his
exposition Of the many Inconsistencies and
improbabili,ies narrated il behalf Of the dc
PENDANT, his argument was vigorous and clean.
ARGrME roR TIKI DEFENSE.
K. y Ruff, in opening, professed his on.
fdence in the ability and sincerity Of the jury
and in the evidence presented by the defense
during the trial, and proclaimed the prosecu.
ton OF the defendant 10 be the persecution OF
a gang. lie said the act Purcell was being
tried for. was not a crime, and that the peo'
pie Of Saline County were prejudiced against
Purcell because he had becn IN jail and the
people had never heard his side Of the case.
Taking up the instructions Of the state he
discussed the requirements Of murder in the
Ist degree. holding the position that the in
structions for murder In aud degree and man.
slaughter were al admission upon the part OF
the state that the shooting was not a case Of
murder in Ist degree. Then proceeded upon
the evidence offered: claimed that in this case
there was more prejudice than in any other
ever tried in this court, that to craftsmanship
ana factionalism might Ike charged this whole
prosecution. DEPRESSING from this case, the
attorney found an exs mple Of what tactional'
ism and craftsmanship would do in the "mur.
der Of the governor Of the great state Of Ken
lucky" He brought up the garbled news
paper reports and the protest signed by the
p+ople Of Malta Bend, tried Ia make a parti
san argument of this, leaving out the Kansas
City Times and mentioning the W Repub'
lican newspapers as the only ones at fault
Brought up the Confederate record OF the de
PENDANTS father and commended Purcell IN
the statement that 1.-The Purcells were gentle
men, His argument was then resumed up
on the evidence presented concerning the
facts prior to and at the time OF the shooting
The speaker in closing his argument. reread
the instruction offered as to what rights ths
defendant had in self defence. attributed thu
testimony Of Otte whose character had bee'
impeached to the Use Of money. and touched
upon the Malta Bend factionalisrn involved IL
the case. Following came a picture OF wha
would take place. should the jury bring in
verdict of guilty aeain.t the defcndent with re
ferences to John Brown whose spirit he claimet
went marching on" in the factionalisu
at Malta Bend. In concluding, he turned 4
the father Of the defendant to tell him that h