Los Angeles herald., 1908-01-09

We find the defendant trotting out such
a parsonage. Shields is a creature OF
Meskil's Imagination. lie never existed,
/ and at no time H,fore this has Meskll
or Robe referred TO him 1t has been
thought out since the hight Of the rob
berry. No others were concerned in this
except Meski and RobeS and there is no
use wasting time ON such proposition as
Mesl1il advances
Mr. Fleming painted a vivid word pic
ture of the holdup and the killing OF
Lyons. later reviewing the evidence ac-
cumuiated against Meskil. and closed with
the statement that. ION behalf of the
people we have abundant proof beyond
doubt that this 4.an killed Lyons in as
co.d-blooded d. manner as ever man
lost his life"
Mr.. Smyser followed Mr. Fleming. lie
told OF his appointment by tie court 90
take charge of Meskil's interests and of
his endeavor to protect his client at ev-
cry opportunity.
Smyser Appeals for Client
He appealed to the jury to let the Golden
Rule enter into their deliberations and to
not forget the scriptural Injunction,
Thou shalt not kill"
IN the discharge of my duties" said
the attorney, Il say no lawyer must
sacrifice his integrity to the interests of
his client, and a man guilty of doing 9TH
erwse has no right to practice law
don stand here to defend crime; 1
have a right to demand proof in this
mans behalf This mans life is at stake
and you have the right under the law. il
you don't think this man is guilty, to set
him free. Relative TO the facts you have
got to be satisfied that the man is guilty
and the first difficulty that presents it.
sell is as to the IDENTITY of the man who
held uD GrOSSer'S store.
They say two shots were fired, that
this revolver had two cartridges exploded
in It. but there has been no witnesses to
testify that this weapon is nov in the
condition 1t was at the tins It was taken
from Meskil.'
He belitt1ed the evidence introduced
regarding the canvas sack used in car
rying the proceeds of the robbery, and
said there was nothing to show that
of Fay.
blessed be the merciful, for they
shall obtain mercy" quoted tho attor-
ney, and continuing said: IF the COM
mandment was issued to Dan Meskil,
Thou shalt not KILL it was also issued
to you. claim that tho identity Of
the defendant has not been proved IN
this case, and l have presented the
facts that in my mind might arouse
reasonable doubt"
Mr. Smyser recited the first few lines
of William Cullen Bryants "Thana-
topsis" and with evident emotion
closed by asking the jurors:
DO you believe you can approach
your grave with clear minds II you do
rot show mercy in this case?"
Frederlcks Closes Argument
District Attorney Fredericks closed
the arguments for the prosecution. file
spoke in terms of high praise for the
manner in which the defense had been
conducted, and entered almost imme-
diately on the question OF the guilt or
innocence of the defendant
THE question whether the prisoner
shall be hanged or be imprisoned for
life is the one involved in this case"
he declared. Either this man should
be turned loose or he should be
hanged"
Meskil's lower lip was drawn in as
Mr.. Fredricks spoke of the death PEN
atty and he showed more nervousness
than at any time during the progress
of the trial.
Mr. Fredricks spoke of the basic
principles of society and the necessity
for the protection of its institutions
There is but one thing in the world
that can stop the work of highwaymen
who go about armed with heavy guns,
and that is to hang every one caught
The only reason they carry weapons is
t. commit crime"
He spoke eloquently In referring to
Patrolman Lyons, and ridiculed the
testimony of Meskil regarding Jack
Shields and the condition of his mind
at the time of the accident.
MeskIl Causes Sensation
He questioned the veracity of Meskil
and said with some sarcasm that he
believed he would rather place more
confidence in the word of officer Rob-
erts than that of the prisoner.
rs Mr.. Roberts liar?" he cried.
Eyes, he ISL
The answer came in Mes-.iis loud
voice and every eye was turned toward
the prisoner, whose face took on a look
of defiance. He half started from his
seat but was restrained by officers
standing near by. A number of per-
sons jumped to their feet and there was
a stir near the doorway which became
greater as some of those standing in
side the railing attempted to leave.
Quiet was. however, soon restored.
Mr.. Fredrieks closed his argument
few moments later.
The court occupied ten minutes time
in instructing the jury, and as the
twelve men filed out in charge Of
Bailiff ]. J. Henry the prisoner watched
the face of each man with the utmost
entness
Not a man left the court room during
the half hour occupied by the jury in
it's deliberations, and it was impossible
for any one to gain entrance to the
room at 4:40 o'clock when the twelve
men returned to their seats.
MeskiI Unmoved by Verdict
AS Foreman Benedict read tho YER
dict Mesl5il sat apparently unconeerned-
His chair was tilted backward and he
idly rocked back and forth AS he left
the room in charge of the deputies the
throng made its way quickly to the
lower floor of the court house and the
lawn on the north side of the building
was soon filled with hundreds of peo-
pie. Across the street near the jail
another and still denser crowd stood,
waiting to catch a glimpse of the
prisoner.
Meskil will be sentenced on Saturday
at 10 o'clock, and as the verdict carried
with 1t no recommendation for mercy
the death penalty will probably be
imposed.