The Detroit times., 1912-09-28

district attorney seeks 10 impress you
with, that he is a cold-blooded male
factor Every man Is actuated by one
OF two motives In committing such
a crime-desire. or the resenting OF
wrong. Here you have a man al
most 81 years old. who has never
been In any serious trouble before,
suddenly committing the worst crime.
What was the motive? The punish
ment OF the man whom he was con-
WINGED had bounded and abused him.
He was peaceful. When he went over
there the second time, II was not TO
run the guard. but 70 appeal TO the
English consul for protection. When
he failed to see him and was ordered
back the second time. he did not re-
was wrought up to a passion by the
appearance of the inspector on that
boat. following him, he thought, that
he shot him.
IF there is anything that eats into
the heart OF any man. IL is the I'M
warranted brutality on the part Of
governmental officials. There has
been no disposition on the part OF
Ferguson not to tell the truth about
this matter. He claimed that he was
British subject and had a right to
return to British soil. and, bearing In
mind the old saying that once Brit
ish subject always a British subject
and that England fought for that prin-
ciple In the war OF 1912. may he not
have justly felt resentful OF the treat
ment that was accorded him? He felt
that he had been denied his birth
right by petty Canadian Official. He
was not a pauper because he had $50
In his pockets"
Mr. Pound put much emphasis on
the testimony that Hebert's intention
in crossing the river to Detroit was
20 take boat for Amherstburg. He
said that according to the govern
ment's witnesses, Herbert intended
coming to Detroit at / D. m, to take
a boat that did not leave until
to Amherstburg by train from Wind
sor in an hour. He sought to impress
the jury with his own inference that
Herbert crossed to Detroit to make
trouble for Ferguson In this city.
Says Crime 10 Mltigated.
"The only appropriate deduction
was that Herbert was after this man"
continued Mr.. Pound. Il am not say
ing that Herbert's action in refusing
to admit this man to Canada justified
his staying, but his manner OF doirg
il mltigates this crime-and God
knows the law of manslaughter is
severe enough. Herbert was actuatcd
by ovcr-zealousness, excess OF author
ity. II was unfortunate for him that
he did board that boat, II he had in
tended going to Amherstburg. but
what right had he to stand there and
Ak his eyes on this poor devil when
this man Ferguson was going peace
ably or his way. What was to have
prevented this country from sending
him back?"
Mr.. Pound then recalled that Fer
guson had lived in Hamilton, Ont,
and that he was returning to his
friends there when trouble overlook
him. He told Biblical incident to
prove that IL is but natural for man
to return from his wanderings to the
place where he had friends and then
he dramatically recited:
Breathes there a man with soul so
dead
Who never to himself hath said. y
This Is mine own, my native land.
Herbert stood on the deck OF the
ferry with eyes glued on this man
Ferguson" continued Pound. Half
way over Ferguson realized that that
man was there for no other purpose
than to show his authority and put
him In just as bad In the United
States as he had done in Canada. Tell
the world with your verdict IL a man,
with a past history like this mans,
would develop into a fiend incarnate
by shooting a man under such cir
District Attorney Closes Arguments.
when / prepared this case won.
dered what defense could be made"
said District Attorney, Webster IN
making the closing argument to the
jury. IL didn't know what defense
could be made until the very end OF
this case when Ferguson was put on