Sunday morning globe., 1901-12-08

owe the memory OF aaluleo uobhSil hht
devoted loyalty of a virtuous wife and the
uudyiug love of six worse than orphaned
children, TO review and answer the report of
Mr.. Koons.
cannot recall in a professional career of
more than thirty years a subject or assign
ment ! approach with such conscious in
capacity Of satisfactory execution, inasmuch
as ! am not only handicapped by my fearful
position as convict and life prisoner but
am also depressed by an iueNpressible in
dignation from utilizing the faculties ordi-
narily responsive to my pen. To be denied
justice Is physical and moral punishment
philosophy can grapple with and overcome,
to be refused mercy is a grievous assault
upon the spiritual nature of fallen man, and
is only bearable by those who, like myself,
have lived half a century sans beye ef sans
yebrOche. But to be inductively declared
guilty on the gossip and talk of strangers,
and the malignant and secret allegations Of
unknown enemies, Of crimes and oifenses
as foreign to my nature as they are diamet-
Tically opposite to my lifelong acts, is
consignment to a mental hell 50 exquisite in
torture that neither philosophy nor heroic
resolution could save me from madness and
despair, did not opportunity offer and facts
sustain the following answer to the extra.
ordinary pamphlet Of Hon. l.. A. Koons.
To simplify my reply. if your Excellency
please, will quote and answer paragraph,
by paragraph, the report Of Mr.. Koons, and
offer these comments as reasons in bulk why
respectfully desire to withdraw my papers
from the files Of the Hon, Board Of Pardons
MI Koons' preliminary statement taken
confessedly from the opening statement Of
the prosecuting attorney to the jury, con.
tains, among other allegations the follow.
ing
wv J. walked on past Osborn keeping
his eyes fixed upon him, and when he had
passed two or three steps south Of where
Osborn was standing, suddenly drew a re-
vOlver from his pocket and turning his head
and looking over his shoulder fired at Os-
borne, striking him in the jaw, the ball
shattering the bore and barely missing the
iugular vein, lodged ia the bones of the
neck, producing what must have been al
most certainly a mortal wound"
Besides all of the witnesses for the de-
feuse, many of the states witnesses tnota-
bly, Mrs NcNeal who sat in the window
overlooking the sidewalk. where ! was
halted by Osborn's shot, George Loir and
others testified that Osborn fred first,
Mrs McNeal testifyiug that the report Of
pistol and the smoke arising from the
weapon caused me 20 halt and that ] then
drew and fired, while Mr.. Lohr and other
state Witnesses testified that the reports of
the weapons were simultaneous. These and
other witnesses for the state, gave at the re-
quest Of the state, an illustration by clap
ping their hands together Of the difference
IN time between the first two shots All but
a few personal enemies or more than
ninety per cent, Of the witnesses for the
state and defense who professed 10 see the
shooting practically agreed that the differ
enCe in time between the first two shots was
represented by striking the palms of the
hands together as quickly as such feat can
be performed, But waving this point in
difference to the few whom Mr.. Koons
quotes in preference to the many, I respect
fully remind your Excelency that the
question of who fired the first shot has no
legal significance as to the grade of my
guilt Your legal adviser will inform you
that in the face of the mutual threats made
by Osborn and myself as testified to by
Witnesses, the question of who fired first
when we came face TO face (as each was ad.
mittedly afraid of his life at the hands of
the other has no bearing on the question
of my guilt as the alleged murderer of A.
C. Osborn
The preponderance Of testimony and the
admission of the state, establishes the fact
that both Osborn and myself fred at each
other almost simultaneously. THE state
however proving that my shot was in adj
vance of Osborn's in time represented by
the clapping of hands rapidly together)
This disposes of Mr. Eoons theory that if
Osborn fired he must have hit one or more
of the dense mass of people in my rear, for
Mr.. Koous observes. that the ladies having
interyeued between him Osborn and l,l-
liott he could not have fred at Elliott with
out killing innocent persons he Osborn
fred a shot or two but in such a way that
nobody was hurt
Twill admit Mr.. Koons' contention that
Osborn could not have fred without hitting
some body but deny that he fred towards
the sidewalk, and ! refer to the states testi-
mouy to show that Osborn dit hH some
b0dl, and ergo did fire at me direct not
withstanding the intervening ladies'"
faced west standing with my back to
the curb between the curb and my position
the space was packed with people, but im-
mediateiy In my rear passage way for pc
destuans was still practically open. Osborn
stood facing the street or curb with his back
towards the buildings lSchrader's saloon.
Mauifestly any person hit behind me must
have been shot by Osborn Was there any
body hit2 Mr.. Koons says no In this
connection, your Excelleucy, l would re-
specially refer you to the testimony of Mr. I.
Clutter You will readily perceive by read .
ing this gentleman's testimony, that Mr. .
Koons is proven wrong by his own, or .
rather the states witness.
Was there anybody else hit by Osborn be- .
sides this witness and p j. Elliott Mr. .
Koons says no. ! refer you TO the testimony .
of Dr. Gardiner then a medical studeut) a .
witness for the state who still carries the .
bulletin his leg and is unlike 0Ir. Reese) .
for life, Thus again is Mr.. Koons .
proven mistaken in his quotations from .
the states testimony.
Now we have p. j. Elliott hit twice as
admitted by Mr.. Koons) and Dr. Gardiner
once and Mr.. Clutter once or four in all.
Osborn fired FIVE shots according to the
state and made four hits. Pretty good re-
cord for a dazed man who fired at the
sidewalk because of intervening ladies'"
Osborn's fifth shot also found a victim
credited to me- while his sixth shot failed