Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1914-07-28

Judge Graves, after the defense
rested. allowed a recess of one hour
before the start OF the closing argu.
ments. Court resumed at $500. and
Attorney Haas addressed the jury. re.
viewing all the evidence entered by
the state in the trial that pointed to
the guilt of the two defendants. BY
waving right OF closing argument BY
the defense. a check was placed on
arguments by Prosecutor Wood. So
Haas statements were the only ones
to go 10 the jury. with the exception
Of the instructions by the court. 1t
was 4:25 when Haas finished with his
arguments. After the move by the
defense, Judge Graves adjourned
court for the day, announcing that he
would instruct the jury on the points
OF law involved in the case this morn
ing at o'clock.
Haas is OratoricaI.
Attorney Haas grew oratorical at
times in the course of his address, lis
tened to by a crowded court room.
After the usual plea to the jurors not
to be guided by sympathy, feeling or
prejudice OF whatsoever nature in re-
turning a verdict, but TO be governed
by the weight of evidence presented at
the trial, Haas plunged into a discus
sion of the issues in the case.
The charge in this case" declared
the pleader. 'is that of conspiracy to
halt the administration of justice. 1t
is not for you. gentlemen of the jury,
TO determine what was right or wrong
in the separate cases where alleged
overt acts in furtherance of the con-
spiracy have been presented to you by
the states evidence, but simply to
judge whether these acts collectively
have not sustained the general charge
OF conspiracy. II is not for you to de-
eide whether Martin Nolan is guilty or
whether or not Bruner accepted money
from him for his release, but IT is your
duty TO consider these cases as cir
cumstances proving that a conspiracy
was entered into and the defendants
here on trial were the parties to it.
These charges can only be proven
by circumstances and facts. When two
or three men conspire to do a wrong
they don't shout their intentions from
the housetops. Rather, they meet
secretly, talk in private and frequently
In these conferences they determine
and agree what each one shall do to
accomplish the unlawful end in mind.
Unless one of the conspirators openly
gives away the scheme and relates all
the secret confabs and acts, there is
no way 10 establish the proof except
by the circumstances and acts wit
messed by or experienced by victims
and other parties to the conspiracy.
The fact that Mr.. Bruner received
money for the liberation of prisoners
in an unlawful manner, standing alone,
is not evidence of a conspiracy.
The fact that Mr.. Magill, as states
attorney. dismissed cases under a cloud
of suspicion. as a separate transaction,
is not evidence of a conspiracy.
Claims Conspiracy Shown.
But the state has here proved that
the circumstances surrounding the IL
legal discharge OF prisoners and the
improper dismissal of cases were not
of distinct personal plan. The evil
dence has proven that there was a
deep rooted conspiracy between these
two gentlemen to do these things.
Otherwise the facts which have been
sworn to could not have been accomp-
lished. 1t isn't the duty of the sheriff
in this or any other county to extend
mercy and sympathy to prisoners
placed in his custody, to the extent of
discharging prisoners without the
proper sanction of the law.
The duty of the sheriff is to keep
prisoners until there is a proper dis
charge by an authority higher than the
sheriff; the duty of the states attorney
is to prosecute the prisoners in due
course according to law. Neither has
the right TO act as judge or jury over
the right of freedom of any one placed
in their custody and trust by the state
which has been wronged by the acts
of these prisoners.
"Why do public officials like the
sheriff and states attorney go into fire.
quent private conferences as it has
proven they did in the circumstances
related in this trial? Why did they do
il, / say, If IT wasn't that there was a
secret understanding between the two
to misuse the administration of JUS
tice through their power of Office to
further their own private ends? If any
business should be open and above
board it IS the public business and
you or have a right TO know what is
the nature of this official business at
all times.
81 say, gentlemen, there has been
shown to you a suspicion of something
wrong and it is time a warning was
set against the misuse of offices of pub |
lie trust. The verdict in this case
rests with you IL men, You have
heard the evidence and are competent |
TO Judge"