Los Angeles herald., 1906-03-25
leath without a fight in the higher

death without a fight in the higher
courts.
Attorney Warner yesterday made the
following statement:
"Since the hour that was appointed
to defend this man have done every
thing in my power to see that he
should have a fair trial. If I had had
more time to secure evidence of his
family history and produce that evil
dence in court the result might have
been different.
Sisters Werc Deaf
Immediately after I was appointed
I wrote to his sisters to give me that
history. I have never heard one word
from them. I did the best could with
what information l had, and I do not
believe there is one human being in
Los Angeles county who thinks I have
been neglectful, careless. or exercised
any lack of diligence. I have given
this defendant the best ability I pos
sessed. I regret as much as anybody
the result.
"I am firmly Of the opinion that the
man is irresponsible now and was ire
sponsible at the time he killed Mrs.
Garfield. He never at any time since
my first visit to him at the jail has
ever suggested one sentence to me. He
seems to be absolutely incapable of
suggestion. And Notwithstanding the
statements of reputable physicians that
he talked freely to them, have never
yet been able to get statement from
him, except an answer in monosyllables
in reply to my inquiries.
"a jury from the body of this county
was impaneled and I never tried case
before more intelligent jury as a
whole. They listened with rapt atten-
tion to the evidence and to the argu-
ments. and as far as I am concerned,
I endeavored to cover the ground thor
oughly in the argument and do not be-
lieve / could do any better If I were
to do 1t over again.
"The jury was out less than two
hours, during which time they had
their dinner, and unanimously found
this man responsible for his act; for
that was the only question in the case.
AS to the fact of the killing, there was
no question.
The Jury
"His responsibility for it was the
only question. They have decided that
he was responsible. I have prepared
motion for a. new trial and argued
that motion before his honor, Judge
Smith, and I want to say now that in
the active practice of law for twenty
years I have never appeared before a
more fearless, conscientious and up
right judge. He has denied the motion
for a new trial.
st presented a motion in arrest of
judgment and he overruled that and
sentenced the man to death. I believe
after careful consideration that have
done all in the law and in good con-
science I am required to do. I have
done what 1 feel to be my full duty
to the court, to the state and to the
defendant, as we'll as to the citizens of
this community
1.-THE jury and the court have decided
that 1t was justice that this man should
hang for his awful crime and have de-
clared upon their solemn oaths and off,
cial position that he Is responsible
for 1t.
Attorney Is Done
''I do not feel that ought to do any
thing to thwart justice and further
feel that have done my full duty. If
a wrong has been done in this case, or
will be done by the hanging of Morris
Buck, I am not responsible for it. 1
still believe the man is insane, but I do
not feel that I am called upon to do
anything further in the premises for
nothing. Neither do feel that should
put this county or state to any expense
in the matter of an appeal 1 have not
received one penny from any. human
being. nor have ! expended one penny
in this mans defense, and shall do