The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1902-08-01

! both the crowd and Mr.. Frazer, used
prOfane and vulgar language. The arg
ument was a coherent compilation of
the testimony Of the states witnesses.
I In opposition to the remark testified to
( by the cOlOred man, Austin, attributed
/ to Frazer, Sill Tx that damned city
marshall - Andrews introduced the same
witness testimony given before the cor
oner's court Of inquiry, which contained
no such statement. This, of course,
was IN DO way a refutation of the col
ored mans statement before the district
court, but was designed to weaken it.
The speech of Mr.. Andrews consumed
an hour and half.
The Defense Replies.
Following Hoyt Andrews, came Z. F.
Murphy, an attorney for the defense.
His introduction spent itself in a run
ming enconium upon the exalted worth
of the jury and their imposing and
solemn Office, cautioning them, however.
to use their thinkers" and mix their
deliberations with the genius Of the age
common sense. He said the defense
intended to carry their part of the case
manfully forward and asked no sym
pathy from the Jury.
As was anticipated by the previous
speaker, Mr. Murphy began his argu-
ment by saying that self preservation is
the first law of nature Government
among men," said he" is an institution
the laws Of which are Of a negative
rather than a positive character. They
are designed TO protect the citizen in
the possession Of his life and property.
To this end we pay our taxes, for this
reason we invest peace officers with the
insignia Of Office and the power Of law.
In world like this there is necessarily
cODfiictive forces; while the better ele-
ment is dominant, there Is always an
anarchistic tendency on the part of
some. William H. Frazer was Of this
latter type. He was running amuck Oh
the streets of GOodland. running to and
fro for trouble. and he was either mad
from drink or had a disposition like
Bengal tiger"
In his argument, Mr. Murphy at
I tempted to prove from various sources
of testimony and differences that Frazer
was drunk and pugnacioUs. He charged
those railroad men who were witnesses
Of being confederate in suppressing the
names of all persons possible who saw
the shooting, but who did rot belong to
their ''nest." Jealous for his cause, he
at times rose to a high pitch of ANNA
| ton, placing IN vivid contrast the athlet-
ic fireman and the little inoffensive city
marshal.
81 this juncture in his speech, court
adjourned for dinner, after which Mr..
Murphy resumed his argument. Evid-
emily somewhat sensible of the sinister
remarks with which be pictured the
railroad men, ne now took occasion to
temper his sweeping characterization by
saying that the majority of them were
benevolent and desirable citizens, but
that some black sheep could be found In
every class of people. Attorney Murphy
made a thorough and exhaustive speech
covering quite infinitely the testimony of
about all the witnesses and discussing
the instructions of the judge to the jury.
Waters OratOricaI Defense.
At 3:25 in the afternoon, ten minutes
after Mr.. Murphy closed, Joseph G.
Waters, closing attorney for the defense,
addressed the court and faced the jury
for the dead lift pull" With an i1tO-
nation Of deep concern he began by
/ showing the gravity Of murder: IF an
officer Of the law should lie IN wait for
John Smith when be was going home,
with a whistle from his lips and sun
shine in his face from the thought of
soon to meet the faces of his wife and
children, and shoot from ambush, this
peaceful and happy man as he goes by
that's murder. If, in the twilight of the
I evening, in his arm chair by open win
/ dow, should sit an aged man whose
/ temples were crowned with the silver
/ locks Of 20 years; the unprovOked hand
/ of stealth should close upon him and
drive a dagger to his heart-that's muir
der. If, in the night, a rObber, insatiate
/ for unjust gain, should unlOOse an iron
rail from a railroad track to precipitate
/ in dire disaster the onward sweeping
/ train precious with human life-that's
murder. But when a peace officer, robed
with the majesty Of the law, in a beft-
ting attempt to promote law and order, is
furiously assaulted and finds it neces-
sary to take human life, that his
own might be preserved and the
rights of the people vindicated-is that
murder, the charge that swallows up IN
midnight darkness the life and liberty
Of this defendant
Il In an uplifted strain Of this character
II NJ Wnfa-r rra-- aIr.,r,nrt Fnr tEa rnr,-a