Arizona republican., 1912-05-30
HEART STIRRING
 APPEAL ID JURY
B. E. Marks, Defending w. D. O'Neil, on Trial for His Life at Y. M. c. A, Secures Favorable Yer dict in Mock Court.

tOrney for the defense explains in it's deep and feelingly strong ppeal why the prisoner, hardened criminal though he was, received q verdict of not guilty at the Y NJ C. A superior (very superior) court.
 W. D, O'Neil himself will no doubt be so grateful for the work of MT Marks in his behalf that he will have the speech framed for his of flee as it was framed up in his defense
 Address of Attorney E. F. Marks for the defense at the mock trial held 1t the Y M. C. A. Tuesday even ing, May 29th, as taken down by a reporter:
 Noble gentlemen of this intelligent and immaculate jury. it is not my purpose to flatter or address you at great length. but in view of the fact that my client has mortgaged his household effects and his only GOV to me and has :lso turned over to me his savings of many years. consisting of thirteen hundred dollars So that might properly defend him. I feel it my duty therefore to briefly review the testimony adduced at this trial and endcavor to satisfy you beyond q doubt. if you are not already so satisfied of something I m. add also that it is my duty to shed a few tears before you Large tears squeezed from q wet handkerchief as his wife and eleven children could not come here this evening to do the shedding, IS they had reserved seats at the Empress thcater
 Now, gentlemen, in the first place, my client is not guilty for the reason that this is q case Of mistaken iden- tity. The O'Neil intended to be ar rested was Eugene Brady O'Neill. but owing to the fact that Eugene Brady could not be found being busy run ming or some office. W. b O'Nen was arrested and brought before you man.cled and shackled, simply because he was so much smaller than Sheriff I. l.. Gregory, who made the arrest. I say further, if this is the right ONeil. he is not guilty because he was not present at the place charged where this offense is alleged to have been committed. You have heard his own undisputed and uncor- robor; testimony on this point
 
 alib has been presumptively erected in your minds. or it should have been by this testimony.
 Further, gentlemen. I say if he was there. he did not do it. For if he did he is non compos mentis. which is the chief defense in this ease I ask you in all seriousness. could q man be married to three women at one time and be otherWise2 Gentlemen. we have heard the testimony of this CT: zn expert or the defense. I refer now to the aIienist from alien shores You heard how, in language both simplex and complex he made clear to you that owing to this defendants lower m XilIary being conjointed with his femur. the cIaVical bone protrudes from the sarcophagus in such 4 man ner as to press on the duodenum all of which causes the conyolutiOus of his brain to form like a peanut i'm stead of like I walnut, as is the case in the normal dult. This expert tells you he has exhausted himself and the latest works on this subject in- cIuding Loves Anatomy and Nor tons Brains and I ask you how he could be mistaken?
 Gentlemen. the prosecution would have you believe that this offcnsc has recently been acted upon by our present legislature. How dare they cast such spcrsion and other things at that March and August body? Have they not enough to answer for already? fShouts of Yes" from the iurvl And lastly. gentlemen of this intelligent jury-bcar in mind 1t IS not my purpose to flatter youth" prosecution would have you send this man to Florence on the oasis of Syracuse in Sicily's plain on grand It1Iia's desert Does the state want this mans blood on it's cscutchcon? Look at him. Look how frail and delicate and feminine he appears. More tearsl Raised in the hard school of life, as he has been, how will he be able to endure the luxury of that famous resort at Florence I say gentlemen, if he is guilty ;S charged it were far better for society that you acquit him and let him re main here where we can all keep an eve on him and let him continue to sell l.. c. smith typeWriters than to send him to Florence where he can roam at large. Gentlemen of the iurv. I have done, enough. At your endurance I am astOnished It sho"5 plainly that you have become har- dened by attending the business mems classes of this grand Y. M. (. A thank you.