The daily sentinel., 1906-10-04
PRISONER IS UNCONCERNED
Motion For New Trial Overruled and Notice of Appeal is
Given---Prisoner Nervous Until Moment of Verdict
Sentence Soon to Be Passed-The Testimony in Full
Verdict Meets With General Approval.

court direct the jury to bring in yer
dict of murder in the second degree
basing his motion upon his belief tha
no evidence of premeditation had
been introduced The court held thai
it was the province of the jury, AMI
not of the judge to determine the
degree of the crime. and overruled
the motion The jury was recalled
and recess was taken until the
court could prepare the instructions
At 1920 the instructions were com.
pleted and given to the jury.
Under the instruction, conviction
of murder in the first or second de
gree could be secured and the court
directed the jury to assess the pen
atty. either for life Imprisonment or
death. The argument for the peo-
pie was opened by Deputy District At
torney n. f. Coles, who spoke for
about half an hour. He denounced
the prisoner in scathing terms. He
spoke of the grave responsibility of
the jurors, reviewed a small part of
the evidence, and closed with an APP
peal for the infliction of the death
penalty. He was followed by Attor-
ney Carnahan for the defense. Much
surmise had been INDUCED in as to
the character of the defense, and as
Mr.. Carnahan proceeded with his
uniDpassioned Statement. 1t became
apparent tnat he waa la5oring to Sc
cure conviction of the murderer in
the second degree, or in the last ex-
tremity to save the life of his client.
He admitted that the defendant was
guilty of the offense. but denied that
it was premeditated murder. He
pointed out that no evidence of pre-
meditation has been introduced. and
emphasized his contention that there
was no intent to kill but simply to
escape. He declared that the at
tempt by the accused to tie the hands
of his victim was an evidence of the
fact that the defendant had no in
tention of taking the jailer's life but
merely to remove him temporarily
and to effect his escape from the jail
Mr.. Carnahan asked why the fouI
Innes had not been brought in to
testify. He referred to the former
law against capital punishment in
Colorado and declared that the com
mission of far more heinous crime
than the one charged to McGarvey
had acted to bring about a repeal OF
that law. He made powerful plea
for sentence of Imprisonment. and
closed his argument shortly before
noon.
The argument was made by Hugo
Selig. district attorney. who began
speaking about ten minutes before
twelve The adjournment until one
o'clock interrupted his plea. which
was contineud upon the reconveninG
of the court. He detailed at length
the circumstances of the crime and
exhibited to the fury the bludgeon
with which the crime was committed,
pointing out the blood stains on the
weapon. He declared that even the
defendants attorney was compelled
to admit the guilt of his client.
McGarvey was pitilessly denounced
as a monster, bereft of all virtue
and richly deserving the death penal
ty.
At 2:15 after speaking for nearly
an hour. the district attorney closed
A few minutes afterward the dep
uty sheriff was sworn in to take
charge of the jury, which filed out to
deliberate upon their verdict.
The prisoner. in charge of the
sherlff. was taken back to the jail. As
he passed down the aisle of the court
room. with bowed head and nervous
tread. the eyes of the hundreds OF
spectators which crowded the room
were bent upon him.
defenseoctH ctHaysNe.c e.couromhea-. e
Many women were among the at
tendants at the trial and for these
as well as for others. the accused
man. on trial for his life. was the
center of interest. but apparently of
little sympathy.
Among those present. there seem
ed to be but one opinion. that the
jury would return a verdict of muir