The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1901-09-14

H noon We have shown YOU how he delpyr-
ated and planned this awful crime. we
have shown you now ne atlennen "ns
which were sown In his heart the SEEDS
The counsel for the defense says II the
defendant vas sane ne was n,,, rsH Ky mrs.
sumed to be innocent He tells you that
is a presumption Of Law.
1t Is also q presumption OF law tnas ev-
cry man is sane until he Is proven insane
Evidence tending to show that the pits-
oner was insane has not been fortncou-
ing; II has been proven that ne was tne
agent Of the crime. and there sno 3he %, %
no question in your minds as 70 the re-
sponsibility OF the defendant.
This is no time for oratorical display.
Counsel for the prisoner and myself nave
endeavored to eliminate All sensauonialihim y
from this case. 1t is not my intention 70
Indulge in extended remarks. You UNDER
stand the responsibility resting upon you.
The counsel has said there should pe no
lynch law in this state. He has told you
that the people of Buffalo are to be COM
mcnded for the spirit displayed by them
since the murder OF the president, but the
law must be vindicated. This terrible
thing has happened because there are
people in this country, who, unless tney
feel the Irresistible force OF prompt ana
proper action In this case, Will cause
something awful to happen to our beloved
Think gentlemen, Of that grand man
who stood but a few. days ago IN tne
Temple of Music, and how he came from rom
the iowly walks Of life; how he was nrst
school teacher, then lawyer, then
Judge, then congressman. then gov
ernor and then a president OF the unlteu
States, and above all, loving muspan ~
said: "Good-by. All. good-by. It's Goo,
way His will be DONE" A man SO great
that he could raise his hand ana save
his own assassin, q man who coul,i snake
ID nf fha worst man you
could imagine.
stoop so low. that he was so great tnat
he could forgive his own assassin. he
was the noblest man, believe, God ever
created A man who stood near him IN
the Temple of Music said to me: II nave
Travelled in all parts q the world tb snr
rulers, but when / saw the people stano
in the railroad stations and along the
country through which the funeral train
passed that they might get a look at
the casket of this great man, l was con-
WINGED as never before that there is sucn
thing as a national heart
That national heart was broken, ana u
will take Gods way and time to neal y.
1t was broken by a class Of people VINO
are coming to our country in increasing
numbers and while harbored by our laws
are propogating their malicious views: a
class of people that must be taught tnat
we have no place for them on our shores,
GLASS of people that must be taught that
they can not take the life OF anyone IRE
spective of consequences.
who does not want a lawyer, who does
not believe in God, nor In law; man VINO
does not believe in the married relation
yet our laws are such that ne - deLenu Ivy.
as If he was the most respected defendant.
and even comes into court ano says ne
was guilty. Yet, gentlemen, you are re-
uuired under the constitution to listen to
tho 1raaQntatiOn of the evidence
Notwithstanding that this man does not
| want 1t.
Gentlemen, have said all | have to
say; I have said more, perhaps. tnan 1
ought to say. You have sworn to give
| him a fair trial on the evidence. NOW
what is the evidence? ! say, as 4 mas
been presented to you 1t fully substan-
| tiates the crime charged.
| The duty of counsel on both sides y
ended. The court will charge you brief
| ly, then 1t will be your duty to take up
| the case. No doubt the same Thought, the
same object, is in all our minds-that al
| though our beloved country has lost ner
| greatest man, 1t still should maintain the
4 respect of the whole world and II should
be made known to the whole woria ina.
| a dastardly act and not receive the 1uli
| penalty of the law.
Justice White began his charge to
the jury at 1929. He arose from his
| seat and stepped to the side OF the
bench nearest the jury box. He said:
Gentlemen of the Jury: In this case the
defendant has acknowledged his guilt
Such acknowledgment In such circum-
| stances can not go to the jury or the
court The law requires that the DEFEND
ant charged with such a crime must be
tried. The law says that all the facts
must be observed and reviewed py you
The law guarantees that the defendant
shall have a fair trial by II men, Impair
tial and fair, capable Of taking the testi
mony of the trial and giving 1t thorough
consideration. If, when all the circum'
stances of the case are considered by yot
there still exists In your minds reasona
BILE doubt that the defendant Is guilty
you can not find this man guilty. Tht
people have submitted evidence tending
to show. that this man committed tnis
crime; they have given evidence tending
to show that 1t was premeditated. IL vol
are satisfied that there was design ant
reconciliation, and If in accordance Will
that reconciliation and design these shotl
were fired, then the defendant is guilty o.
the crime of murder in the first degree.
You must consider all this evidence tina
the people have submitted to you. Yol
must consider 1t fairly and without pre-
JUDGE You are the sole judges of facti
In this case.
Continuing, Judge White said:
The Jurors must find him guilty beyond
a reasonable doubt. You may ask wha
is reasonable doubt. While grea
definition of reasonable doubt" in thi!
case 1t means that the jurors are bount
to sift, compare and examine all the EVIL
dence, and If, in their minds there Is any
doubt as to the defendants guilt the!
are bound to acquit the defendant. /
there is no doubt in your minds, thei
you are bound to bring In verdict o
J conviction. / am very glad that up Z
the present stage of this lamentable at
fair SO far as the jury and people of thii
city are concerned, there has been shown
that respect for the law that IS bolnS
to teach valuable lesson. The defend
attn has been given every advantage o
experienced counsel. deplore any incite
ment to violence, and the man who Il
ready to go out and commit crime he
cause some other man had committed on,
Is as guilty as the latter and his act II
Just as reprehensible. 1t is proper tina
/ should define the crime of murder in thu
first and second degrees and manslaugh
ter in the first and second degree. If thu
defendant on September did wrongful!
| assault, shoot or wound William Mckin
, lev by means alleged In the indictment
| and IL the act was committed with pre-
meditatel design and II the act was tn
sole and approximate cause of death, AM
/ IL the defendant knew he was DOM
wrong at the time the defendant wa
guilty of murder in the first degree. j
the act was not premeditated, he wa
guilty of murder in the second degree
. If the shot was fired. accidentally an
} without generalization he is guilty of man
| slaughter in the first degree. 1t is no
necessary for me to discuss the question
of manslaugter in the second degree II
this case.
Justice White then commended tn,
jurors for their patience during thu
trial, and ordered them to retire ant
bring in a verdict Just before they
did so, however, District Attorne.
Penney requested the judge to charg'
the jury that the law presumes ever
individual sane unless proven other
wise, and the court said to them:
"The law presumes the defendant IL
this case sane"
Lawyer Titus also asked the cour