The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-25
here and commit such a dastardiv act and
not receive the full penalty Of the law"


Jury; In this case the Defendant hss
knowledged his guilt Such an deknswl !
edgment In such circumstances can not Sc
ga the jury or to the courts the LAW re
Qulres that the defendant charged with
such a crime must be ttlrd, The law says
that oil facts must be Observed and re.
viewed by you. The law gunrailiees that
the defendant shall have a fair trial hy
twelve men impartial and fair, capable of
taking the testimony ~ the trial and give
Il thorough consideration. II when all the
CIRCUMSTANCES of the case are considered
hy Sbu thetH still rests ~ your minds
reasonable doubt that The defendnnt Is not
guilty you can not ind this npn guilty
The people have submitted evidehee tend.
ing TO show that this defendant committed
this crime; they have given evidence tend
tug to show that II was premeditated ~
SDN nre satisfied that there was design and
hfenedltatloN and II IN ,aeeordapce with
that reconciliation ard design the shots
were bred, then the defendant IL guilty of
the crime Of murder IN the first gree,
You must consider all this evidence that
the people have submitted 10 YOU, You
must consider it fairly snd without preju-
dice, You, are the sole Judges Of facts in
Continuing. Justice white said: "rhe III.
tois 1itst and him guilty beyond a reason
able doubt. You may ask what reasona-
bile doubt Is. While a great deal has been
written aud said on the dcAnltioh az rea.
Jurors are hound TO sft, compare aud tx
anime all the evidence. and IL In their
minds there is any doubt as 10 the dcfead-
gut's guilt, ihcy. arc bound to acquit ,hc
defendant. II there is no doubt In vour
nlhdH, fhch you are 90 bring in a verdict
Of conviction. am very glad that up to
the present stage or this lamcutahle AFFAIR,
so far MS the jury and people Of this city
are concerned. there has been shown that
respect for the law that Is hound to teach
a valuable object lesson The defendant
has been given every advantage ot rxpe-
licnccd counsel. I deplore amy incitement
10 violence aud the man who is ready to
q
other man had committed one Is as guilty
rs the latter and his act Is Just as repre-.
hehsible. y IS proper that ! should define
| degrees and thahslaughter in the hrst ami
second degrees
"lf the defendant on September did
| wipnGiully assault, shoot or wound william
Mckinley hv means alleged In the ludict-
ment, and " the act was committed with
! premcditatCd design. and IL the act was
the sole and approximate cause Of cause.
| and II the defendant knew he was doiNg
/ wrong 81 the time, the defendant was
! guilty OF murder In the first degree
IL the act was not premeditatcd. he was
/ guilty Of murder In the second degree.
If the shot was nred accidentally and
| without reconciliation. he Is guilty O.
manslaughter In the hrst degree
/ 1T is not necessary for me 10 discuss
| the question ~ manslaugltcr in the second
! degree IN this case"
Justice White then ordered the jurors t,
retire and bring IN verdict.
/ Just before they did SO. however District
Attorney Penny requested the Judge {,
/ charge that the law presumes every In
atyiduHl sane unless proved Otherwise anC
sumes the defendant in the case sane"
! l9wyer titus also asked the court q
! charge the jury that II they we're satishc,
! from tbs evidence that At the time OF tht
! committal OF the assault the dcfepdan
| was lahoring under such a defect OF reasoI
as not 10 know the gravity Of the act o
! thst u wae wrong. he was not responsible
/ and the turv must aCluit
u so charge said the Judge,
The crowd about the court room today
was slightly larger than yesterday. Tn,
vigilance OF the police was IN no way re
laIed. The same careful scrutiny OF eact
person entering the court was observed
The court room. owing TO the care exer
ciscd by the sherins and police as 20 who
was admitted, was nearly empty hfteer
minutes before the time OF opening. but
II allied rapidly after that. There were
many more ladies In the audience today
than yesterday. The prisoner was brought
over from the Jail a, 945 and placed IL
the same chair that he occupied yesterday
The members Of the grand jury which in
dicted him were present as guests OF th'
Drs Mynter, Mann and Fowler came n
early and Or Mann was ready TO take tbs
stand at once FOR cross-eXamlnGtion
I
cross. examination.
was the condition which you found a
OF the wounds which tho president re
celvcdf' asked Mr.. Lewis.
1t was not expected and was very IN
Es q 4sgici SaB Dr aRIS MANN Just exactly
TO what, then. do YOU attribute IN
symptoms or Indications which you dis
/ covered, the gangrenous condition Of IN
, Iii is very difficult TO explain. II ma
! be due to one or several things. | thin
it would be necessary for further exanina
tion to be made before any dcnniIe eI
: plantations could be made. That would b
! The duty Of the patnologists.'
. You have NO opinion IN the, mattert
II have no positive opinion answere
Q Il presume. Therefore that the optmistI
bulletins that were issued from time I
time hy the physicians were without an
z knowledge or suspicion OF these symptom
, that were Rfterward discovered said NJ
..The bulletins expressed no opinion The
y merely stated facts hut the opinions wlic
2 were held by the stat seemed ~ DC fuli
g warranted by the condition oil lne pres
a dent We had No reason to suspect the -
a istence OF any such state ~ analrs as Wa
4 found" replied the witness.
J, Now. doctor, you say II was dns 20 Sc,
n eral causes. Can YOU give either OF taem
5 The entrance OF germs into tHe par
0 may have been one u the causes. y.
. very low state OF vitality may nave ny
u julce may have been one undoubtedly
contributed 20 II. -,
"A "The germs which You speak OF are ore
Il ent. I understand. In all our bodies!
IT Ana make their work prominent wh'
n the body Is in any way njuredf
, That You expected, OF course in tn
u cascf'
: erly nerformed We can 20 certain eNte
n guard against the entrance Of these germ
* We can not do II entirely
= How -,
Is my having everything absolutely cle'
which A. used In the operation. the nan
lt OF the operators, the Instruments, the w
lures and things We use, Nature can ~
10 care ~ a certain number az germs 81
" overcome thelF bad efertS
; Are there any remedies known 20
= profession 20 prevent the action OF the
= germsf' -, 80, i.
..There are remedies which Will XII Z
az germs hut ID IS very dlfacfilt 20 amply tht
g down IN the tissues 81 the body. AIT
. they have got iodgment Ia 10 tissue
~ Is Impossible 70 Kill them
8 ssThe president WIS NOT Ia very 90
p physical condition was hey asked the
- torney
W "He was snmewhst weakened ~ 10
y work aud want 81 air aod conditions
- that kind" replied the doctor
You think that hSd something 10