The Montgomery advertiser., 1901-09-25

nicalities. But every man who knows the members of the bar understands that this s IS not so: My associate , and .h are ssrnS mere District Attorney Is here for--to see that this trial progresses in a legal, orderly and proper manner. We must, In every way possible put down and suppress this feeling that cases may be disposed of without the intervention of courts Of jus tice"
 Judge Lewis was crying when he fin- ished, and the eyes of many of those in the court room were filled with tears.
 Judge Titus then arose and said that Judge Lewis had so completely covered the ground that 1t seemed entirely unnec- essary for him to reiterate 1t, and ne would, therefore rest.
 District Attorney Speaks.
 At S:1o District Attorney Penney began summing up. He spoke in a clear, well modulated voice, and every word could be heard in any part of the room.
 1t Is hardly possible for any man to stand up and talk about this case without the deepest emotion. It was the most awful tragedy for the prisoner and have endeavored to eliminate all sensationalism from the case. This terrible thing has happened because there are people in this country of prompt and proper action in this case will cause something awful to happen In our beloved country.
 Think, gentlemen, Of that grand man who stood but few days ago in the Temple of Music and how he came from the iowIy walks of life, how he was first a school teacher, then a lawyer. then 2 Judge, a Governor, a Congressman ana and, above all, a loving husband, and that on to the last day, when he said: It is Gods way, good bye all, good bye, a man so great that he could raise his N r lN a who could shake the hand Of even the worst man you could imagine.
 Tt Is a great lesson that so great a man can stoop so low, that he was so sassin, He was the noblest man, be: lieve God ever created. A man who stood near him In the Temple Of Music salo to me, I have travelled In all parts oi the world and have seen people assem. bIed to greet their rulers, but when saw the people stand in the railroad sta tons and along the country through which the funeral train passed that they great man, I was convinced, as never be fore, that there Is such thing as z national heart
 .'That national heart was broken ane if will take esoua sway and time to heal lL ''It was broken by class of people who ar, coming to our country Tn In creasing numbers and while harDored Dy our laws ,are propagating their malicious - taught that we have no place Tor them on our shores, @ class of people that mus be taught that they cannot take tne nle of any one irrespective of consequences
 Great Principle of Government.
 Think again, gentlemen, here is man who does not want lawyer, Who s uoes who does not believe in the married re- le tion-yet our laws are such that ne IS oeferded by two of the ablest Jur1sts m rent defendant. Yet. gentlemen. we are required to listen to the formal pres enta- tior of the evidence, everything that this man does not want.
 Gentlemen, l have said all l nave t9 say; have said more, perhaps. than ought to have said. You have sworn to give him a fair trial on the evidence. Now, what Is the evidence? I say as 1t has been presented to you, 1t fully SUD- stantiates the crime charged.
 "The duty of counsel on both sides is ended The court will charge you briefly, then 1t will be your duty to take up the same object is in all our minds-that, al though our beloved country has lost her greatest man. 1t still should maintain the respect of the whole world, and 1t should he made known to the whole world that no man can come here and commit such A dastardly act and not receive the full penalty of the law.
 Justice Whites Charge.
 Justice White began his charge to the jury at 3:29. He arose from ms seat ano stepped to the side or the oench nearest | the jury box. He said:
 I"Gentlemen of the Jury: In this case the defendant has acknowledged his guilt Such an acknowledgement under such CIT cumstances cannot go to the Jury or the court The law requires that the defend anf charged with such crime must be | tried. The law says that all the facts must be observed and reviewed by you, A~AA ,u.N | The law guarantees that the defendan' shall have fair trial by twelve men, i'm | nartiaI and fair, capable of taking the | testimony of the trial and give It thor | ough consideration. If, when all the cir, cumstances of the case case are consioerSSo Sa | reasonable doubt that the defendant Is guilty, you cannot ind this mar l Suilty The people have submitted eVi- | dence tending to show that thls detenn- ant committed this crime; they nave ojWan evidence tending to show that 1t %ss premeditated If you are satisned that there was design and pre- meditation. and s,,.t,nn m and M desigDi these
 sbots were fired. then the defendant le
 a,,j,t,, of inc crime of murder in the hrst degree; .gqyse, must censider all this evidence | 4,.t tLn reonIe have submitted to you
 va YSta, rnust I consider it fairly and without preiudice You are the sole judges of | facts in this case ,,,. ia. .1r,, ,l 4,rors InpIst find him guilty without req | SSnnabIe doubt You may ask what req | onatie donht is While a great deal has | Son,a TrItten and said on the dehnltior | ~ .-a"sonahIe doubt in this case i | ,I1oai,s tbat jurors are bound to sift, com | nara and examine all the evidence. ana | iF jn tbeir minds there Is any doubt al | to tbe Attendants guilt. they are bound
 ~ ~ tte sn,,,jt the defendant. If there is nt
 Sorbt in vour minds then you are bound | ~ h1iIg jn a verdict of conviction. l an
 'o.'1 .o t,iad that up to the present stag | oS 3Lis Iamentable affair so far as thu
 iurv and people of this city are concern
 ed, there has been shoWn VII that rSspsG tsG
 0tnt IpE Ia" ,enson The defendant has been OrII,an every advantage of experienced
 counsel a
 ,, ,.,,,. any indictment to violenct
 .[ nnan who is ready to go out an,
 ,,rnit oIiu a crime because some other mai
 S,,,s Committed enc Is as guilty and hi'
 IiaH St i {mst as reprchensible. It Is props
 %het I should define the crim9 or murde
 in the first degree and secoII 5 uesIee s ah' iN
 ma the defendant on Sept. 6 did
 kItte. s,i,,' ii aseault shoot or wound VII
 NY ShGnEinIey hy means alleged in tn
 t.'+jio+r1ent and if the act was committed
 n ttb oreneditated design ana 1T the ac
 Was the sole and approxlIn1a4te 14 cause O.
 death, and if the detenoautte tta dereIet He a |,
 SoIne1 u1ronc at the time, the deienoant T
 ooins iIs "tois VIZ se,,r6ar in the first degree. Il
 Hullty pi nie' not premeditated, he wal
 s,,jltH of murder in the second degree
 tSa sbot was fired accldentally ano
 IgithoI,t decentralization. ne ls sullty O ] manslauRhter in the trst oesEeS' ~ AS no