The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-03
MURDER CASE GOES TO TWELVE
MEN AT 8 O'CLOCK IN
THE AFTERNOON.
NO VERDICT is IN SIGHT
At 8 o'clock This Morning No Report
Has Been Made and Decision Will
Convenes Today or Perhaps Later
Yet-FinaI Arguments Are Made.

For stretch of II hours the jury
in the case of Joseph Brown, who is
charged with the murder of Robert
Gilruth, has been confined in the
county court house. evidently unable
to agree on verdict At o'clock
yesterday afternoon the final argu-
ments in the case were completed by
County Attorney Mulroney and Charles
H. Hall, counsel for the defendant, and
at o'clock this morning nothing had
come from the jury room. AS o'clock
was the time limit set by Judge Web
ster for receiving verdict during the
night the fate of Brown will not be
known until court coDvenes this morn
ing-perhaps not then, for the consid
GRAFTON of the case by the jury may
take many hours.
Court opened in the morning with
the appeals Of the counsel to the Jury.
The evidence was all presented Thurs
day and the witnesses had been dis
charged at the close of the session
with the understanding that the di-
rect appeal of the lawyers to the jury
Attorney Mulroney spoke first, CIV
ing in every detail the evidence which
he had introduced during the trial to
bring out his case and detailing step
by step the various points he had in
trcduced to convict the prisoner He
compared in a graphic manner the
story of Brown with that of John Gill
ruth; he told the jury t. notice and
ohoy. %bop Ia,
which the two men had told their
stories and to Judge as to which had
been the most clearly and creditably
told. He pointed out flaws in Browns
testimony, which, he argued, showed
that the story was false, and reviewed
the past life of the defendant in an
effort to show what might be ex-
pected from him in the way Of testi-
mony.
Earnest Appeal.
In closing he pictured the events of
the day, the purposes of Brown,
worked upon the sympathies of the
Jury by pointing out to them the widow
and orphans of the dead man and
asking them to remember that it was
the prisoner who. had robbed them
of their father and husband. Re
member" he said, that a man is dead
that he was robbed of his life by the
wretch who sits before you, remember
that 1t was he who made this poor
woman widow and her children Or
phans, and remember your oaths, your
duty and your consciences. Every bit
of evidence cries out as to the guilt of
this man, your own hearts, your con-
sciences and the conscience of the pri-
soner proclaim his guilt, and all Of his
testimony his demeanor while on the
stand, his shifty eyes and his uncredi-
table story show over and over again
that he is guilty. All I ask of you is
a fair consideration of the question,
which I know you will give, and I am
certain that If you give the case the
proper consideration that there can be
but one verdict"
Mr.. Hall then presented the final
plea for the defendant. With care and
skill he reviewed the evidence. He
showed how Brown had gone out on
an honest errand and how he had
been accosted by Gilruth and his
brother with malicious intent how he
had not fired until he was on his knees,
cut and bleeding and with two men,
fully armed, attacking him. and how as
soon as he was able to get away he
had run to Lolo telephoning to the pro-
per authorities. He urged the jury to
read the instructions of the court and
give them their full consideration.
"And,'' he cried, "be careful that you
do not let the eloquence Of the county
attorney play upon y0ur passions, do
not let the sight of the weeping widow
nd ohf
sense of chivalry and turn you away
from justice. I sympathize with her
in her bereavement and I believe that
you should do so, but I also believe
that Robert Gilruth brought this trou-
BILE onto his dear ones through his own
rashness. Remember that you have
power which kings do not have. You
have in your hands the future life Of
this man and for your own sakes and
the sake of justice be careful what
you do with it. Be sure that you have
done the right thing before you act;
think of the long sleepless nights when
you will be alone and see to 1t now
that you will not be tortured by the
thought that you have wronged an in
nocent man.
Read the evidence and the instruc-
tions and, unless you are certain you
can arrive at the point where you have
an abiding conviction-to moral GER
tainty and beyond reasonable doubt
that this man is guilty Of everything
with which he is charged, do as your
duty tells you and return him inno-
cent. All I ask is that you give the
case fair and impartial trial and I
know that If you do so that there can
be but one verdict"
Mr.. Mulroney then gave the final re-
buttal for the state. He said: Re
member the character Of the man who
committed the dastardly deed. remem-
Der the widow and the children and
give him such a sentence that other
men who have an impulse to do mur-
der may think Of it and stay their
hand" The jury was then instructed
by the Judge and sent to the jury
room. retiring at 8 o'clock.