Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1904-02-26
TRIAL OVER TODAY
John FindIey Murder Case Will
Be in Hands of Jury This =
Afternoon.
INSTRUCTIONS OF THE COURT
Final Argument Is Made by States
Attorney III. A.
Weld.

Final argument in the John Find
| ley murder case is in progress in the
circuit court this afternoon, States
Attorney H. A. Weld having the clos
ing.
c. J. SearIe. for the defense,
occupied the whole of the morning
and part of the afternoon ses-
siOns. devoting his argument princi-
pally to Interpretation of the law of
self defense and criminal intent, hold
ing that, as Findley, as shown by the
evidence. was not in possession of his
normal state of mind. owing to over
Indulgence in intoXicants, and there
| fore could not have had any intent.
1t is expected that the court will
instruct the jury before the closing of
| the afternoon session, in order that
the deIiberaticn on a verdict may be
commenced tonight.
Claims 1t Plain Case of Murder.
II. w. Olmsted. assistant prosecuting
attorney, had the opening at the be-
ginning of the arguments to the jury
uiA vi tilC tiIIIl-1 VI lIiC SOSSicil
yesterday afternoon. He reviewed the
law governing the crimes of
murder and manslaughter. He termed
the killing of Bradley plainly a case of
murder, taking the testimony of Jo-
seph Feeley. not an iota of which, he
contended. had been shaken by the de-
Tense. as fair recital of the circum-
stances leading up to the tragedy.
Bradley was attempting nothing more
than Il law-abiding citizen should do
under such circumstances-atte
ing to have Findley taken in hand by
the police authorities before he did
damage with the revolver with which
he was armed. When he pursued the
defendant south on Fourteenth street
it was not with the intent of assailing
him or forcibly disarming him, but to
keep an eye on him until such time as
the police authorities arrived and took
him in hand. Bradley was born lead
er, a courageous young man; fearless
when he had a duty to perform. He
saw duty and was conscientiously
endeavoring TO perform it the night
he was shot down in cold blood by
Findley.
VINO Fire a SHOT In doubt.
{. Il. Marshall of counsel for the de-
Tense. followed. He challenged any
member of the jury, or any living. per-
son, to say under oath that Findley
fired the shot that caused the death
of Bradley. There had been scuf-
he between the men, according to the
testimony of not less than four wit
nesses. 1t began in front of Decker's
saloon. ON the outside of which de
PENDANT was standing molesting 10
one when approached by Bradley and
commanded to deliver over the revolt |
YER that he had i'm his hand. For some |
there was an angry conversa- |
ton. 1t had grown so stormy that |
Decker feared there was |
going to be trouble and withdrew to,
his place of business and locked uph
for the night to avoid becoming invol- |
we'd. II was manifest that Findley was |
seeking to avoid trouble by the fact |
that he retreated. He was heard to-
shout at Bradley when the latter was
pursuing him: Go way and let me |
alone" But Bradley had made up his |
mind that he was going to have that |
revolver or know the reason why, as
indicated in a remark in his dying
statement: II went after him Brad
ley. not Findley. was the aggressor.
was ovcrtaken at the rear of
Of the Industrial home. Bradley grab
bed hold of him. There was an eX-
change of blows. and the men running
around in n circle. FindIey's face bore
violence the following morning of
having been assaulted. Bradley took
hold of the revolver. and Mr.. Marshall
to knew how there was any
way of telling whether the shot was
fired accidentally. whether Bradley
pulled the trigger while scuffling at
to wrest the weapon from
Findley or whether the latter fired the
shot i'm defending himself.
seIf-Defense an Instinct.
FindIey was drunk and Bradley
knew it. Findley had reached a state
IF intoXication where he no longer was
Of his actions. but self de-
tense was instructive with all man
kind. He did not fire his revolver until
he was forced to do so to protect him
self against the assault of a bigger
and stronger and sober man. Thepros-
.cution had secured the cities of Moline
and Rock Island. the whole county.
N fact. in vain effort TO find a single
person who would say aught Of the
l