The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-01-27

young man now on trlal lor his
life!" Counsel for the state had pro-
claimed their desire TO give the defen-
ant a fair trial. "A fair trial-yeS.
with four exceptions: SURPRISING evil
dence, misrepresentation evidence, mis-
applying the law, misqIoting scrip
ture" Ga good-humored hit at a part Of
a preceding speech). With crushing
emphasis, he called attention TO the
unusual order of procedure on the part
of The state-where the solicitor. instead
of closing, was squeezed in between
two other lawyers and the mal chosen
to close, and break the Defendants
neck, was a paid attorney Of the pros
ecution. For Solicitor Lyon himself he
felt a warm friendship, and he paid a
fine tribute to his fairness and ability
personally. He contrasted the old,
bloody Mosaic law INVOKED by counsel
for the prosecution-bloody and IRON
bound with the better era of mercy
and charity, to bless mankind with
which the world saw the unutterable
tragedy of Calvary, when the veil of
the temple was rent in twain. He de-
clared thu he was not opposed to CAPT
tai punishment for all crime, for he
was a Presbyterian, believing in pre-
llOIl, Z III ldIlSlAS, Oul SiC
ruthless common law of England had
passed away, with it's 143 capital fell
onies.
The counsel reviewed the evidence to
prove the defendant out drunk, and his
incapicity TO have a fixed purpose; the
lack of evidence to show malice, the
final tragedy, which resolved Itself into
a combat, with each having an equal
rhanra RI nooEa II oanSlanObf9r or a
case of self-defense on the part of de-
PENDANT. He declared that if it were
true that deceased ven out of that
hotel, and procured a pristol, the real
culprit of that hotel tragedy was the
man who lent or gave him the weapon.
In a very effective close, he declared
that he did not believe that a jury could
be found in North Carolina, unless it
were Of relatives and close friends OF
deceased, who on the evidence, would
ever bring a verdict of murder in the
first degree or the second degree. Court
then adjourned. 1t was pleasant to
hear Mr.. Shaw, in the course OF his
address, pay a well-deserved cOmpli-
ment to the ability OF Mr.. A. S. Hall in
his argument of the day preceding.
THURSDAYS SESSION.
Immediately on the opening of court
this morning Colonel G. w. BrOadfoot,
for defense, entered on his argumen
1t is Singulariy unfortunate hat the
necessity on the part Of the reporter t
'catCh up with the case, as it nearS
its close, and give it in full for publ
cation tomorrow. renders it impossible
for the correspondent to do more than
| briefly summarize this browning effort
for the prisoner and also the C oSine
argument for the state by Mr.. n. A
Sinclair. OF Colonel BrOadfOOt. dean
of the Fayetteville bar, much was ex-
pected from his prominence in his pro
f%ession, his long practice in the courts
his known marked a~bility-and tbs
highest expectations were realized
Like Mr.. Subtle. in Warren's Ter
Thousand a Year. Colonel Broadfoot
abhOrs what is called "A speech" a:
such He is, as he calls himself, {
plain blount man; but the cOrrespon.
dent has heard it freely expressed. a
the noon hour by persons of culture an
Judgment, that it was one of the mos
powerful, most lucid and c0nvincinE
arguments ever heard in a CHAMBERLAIN
county court room. On the law ever
the untried layman listened to him wit
~unfiagging interest. and MS analysis
of the evidence this writer has nGVG
heard surpassed. Light as he hold
the gift of oratOry, Colonel BrOadf0O
was more than once eloqUent-trul.
eloquent, with the eloquent of lott,
thought, not words. Colonel Broad
4 foot closed at 11:4O O'Clock, and, aftS
an inteTmissiOn of ten minutes, Mr.. \
a. Sinclair addressed the jury in tn
close for the state.
Mr.. Sinclair has a high standing a
the bar as a ~level-headed, fearless man
1 and in his able speech he demOnstrat
ed those qualities in a striking degrees
His discussion of authorities and tn
citations Of law We're impressive, an,
his recapitutatiOn of the testimony wa
strong. Mr.. Sinclair spoke for an hou
and ten minutes, till the dinner recess
and in the afternoon continued.
Mr.. Sinclair stated emphatically tina
Solicitor Lyon had absolutely CONTROL
ed and directed this case. and tina
everything done, and every step take
was under his direction. This snoul
t by all means go to the public. as a fai
reDort Of this trial.
Court adjourned at ) o'clock afte
Il close Of Mr.. Sinclair's argument. Ad
I journment was taken till 100 o'clocl
when the Judge charged the iurv