Sunday morning globe., 1901-12-15

cooler headed states witnesses who were
not of the number that sought shelter be-
hind the sigu) saw mo iadp al any beyi0a ~
HeEue 0y scaeH 5ec0HdS 0f 5afHe belaeeR
Oyb0yHaHd mySelE But everything vent
70 the jury except. if am permitted to re-
mark the cause, the motive for this battle
or homicide Mr.. Koons says Osborn evil
IDENTIFY wrote the article which he elegantly
characterizes as "a gem, but the judge
wouldn't admit Il because COHiaHf bgOpc
Oy5Q,H 5oyofe H. notwithstanding that the
Judge admiifei OsJOtH'S letter sent me
MyOHgk Mc mails notifying me that he
would not only write such an article but
actually outlining It's salient parts.
Such was the trial, your Excellency, with
the addition that my colleagues Of the local
press cheerfully embraced the opportunity
to get even" for ten years of insults
Every avenue to reach the public ear was
closed to me. AID it is a remarkable circum.
stance that the only persons who expressed
any doubts as to what the verdict would
be ioete those ah0 5oe1e in attendance amt
heaJd The festiDionr, showing conclusiyely
that the papers tried the case more eiiec-
lively to the general public
Yet Notwithstanding every circumstance
calculated to deprive me of the slightest
aid to a fair and impartial trial on the testi-
mony lincludinR the seven jurors who
qualified after admitting that they would
assume my innocence, but that 1t would
take evidence to disabuse their minds Of
the prejudces they entertained. The YER
dict Of the jury after FIVE days deliberation
and two distinct charges by the presiding
Judge was a compromise one between actual
acquittal manslaughtcr and first degree
and on the subsequent review by the
supreme court of the state. two out of FIVE
judges set 10 aside on two or more grievous
errors
Thus your Excellency will perceive ! am
undergoing life imprisonment on the ma
I0yiH rOtr 0I enc 1Uage.
Ihave, II your Exyellency please, quoted
Mr. Koons entire report with the exception
of a few unimportant and admissible para
graphs, except the one wherein ! am ac-
| cused by the state, while resisting or rather
/ dragging the officer after me, who had me
/ piuioned by the arms from behind, while
/ Osborn was shooting at and chasing my
/ uOH-f0WbQfiae brother into the street, / am
/ quoted as shouting kin the son of bitch,
/ Patsey." On the witness stand the officer
/ who held me admitted, in reply to a ques-
| tion of my counsel that I also exclaimed
/ the son ola bitch will kiln Pat, and that /
said "let me 60 he'll kiln Pat"
/ How easy is the transposition of a sen.
/ tence or sentences such as these, and how
much more likely that used, if ] used at
/ all. the command to kill, etc in the ad-
monitive sense of a warning NOT to be
| killed
The anxiety manifestation my brothers
/ life was born besides the natural affection)
/ Of the fact that well knew las did Osborn
his non.combatve and peaceful disposition,
/ his utter ignorance Of firearms, and the
superiority Of his antagonist who had the
reputation Of being the best pistol shot in
/ Re ynoldsburg
| Osborn invariably carried a thirty-eight
bull dog revolver as everybody acquainted
/ with him, including all the printers and
newspaper men who worked for the Capital
and many others very well knew. It was
testified to in my case by two attorneys that
he exhibited the pistol In their respective
/ Offices and showed one of them IT,. r.
/ Delaney how to shoot quicker than one S
/ antagonist by firing through the overcoat
pocket from the hip-precisely as he fred
I his FIRST shot at me-a little above the hip.
/ Every pistol shot very we'll knows that the
/ revolver pointed slanting downward is the
proper position to fire with accuracy 20
/ allow for the customary upward recoiliug
| tendency when the weapon explodes. This
/ was unaware of or forgot In my excite
ment hence all but the bullets which
wounded Osborn went five or more feet
] over his head. Not so his shots; everyone
except as heretofore mentioned hit the
mark and yet Mr.. Koous seeks TO make out
/ in the face of this recorded evidence of Os.
borns superior craftsmanship that he
fred towards the sidewalk" " He did but
/ not in the sense Mr. Koons seeks 70 convey,
| but in the more deadly sense of the expert
marksman. Again the application 'Patsey"
/ is coined word put in my mouth by the
vulgar No educated person so abbreviates
the name of Patrick least of all no well
bred and educated Irishman so abbreviates
the name. and no person ever heard me use
such an abbreviation on that fatal or any
other occasion.
Mr. Rooms commenting on the testimony
of the defense in much the same serio.
comic manner with which he treated the
petitions and letters filed in my behalf re-
marks with what is intended, no doubt, for
excruciating wit:
indeed hneD lluG Elloll 81 nave woven 50
much chance into the whole fabric that II
we were to accept their version we would
have to believe this world Of chance rather
than design"
Mr. Koons is, no doubt unaware Of the
fact that there are millions Of men who will
dispute his theory 'oi a world Of design.
But there are Of the educated class, sgnosuc
or christian. few indeed who will regard his
Language as either dignifed or witty con.
siderng his position and the subject OF
which he treats-liberty or a living death to
man who as a citizen was his peer as an
official his senior, and as a tested patriot his
superior-if the evidence of gaping wounds
which blush at his uncalled for irony are
accepted as decisive proof.
The evidence taken in my brothers case
at Lancaster has the Judicial opinion OF
Trial Judge Slough, repeatedly made during
the cross examination Of counsel for the
state. that 'it was reconcilable with his
former testimony on his brothers trial, "
but Mr.. Koons disputes the trial judge
thus.
"P T. Elliott testified on the trial Of w. J.
giving evidence corresponding with that OF
the defendant Later, on his own trial at
Lancaster. he testified on his behalf so rad
icallv different that but for the names the