Year: 1879

lowed for the State. Mr.. Bates stated
to the Jury that their duty comes last,
and they knew with what eagerness
they had listened carefully to the evi
dcnce in this case.


AS that man has bsen indicted SO by
you he must be convicted. l desire the
conviction of no man for murder. God
knows would that could pass tht
rest of my life without seeing a mar
placed in that dock charged with q
crime that that man is. Here al yor
are picked from your county, chosen
alike from the county, it behooves you
as it behooves me that whatever duty
Is cast before either of ns in this solemn
scene, TO try to put before US the lamp
Of duty and to pursue it ever. Am
wrong in presenting fact that you are
performing solemn duty If am par
don me.


believe that over thirty times in my
life have taken part in trial on which
devolves The life OF a prisoner
and it has never yet been my
lot before to make the last speech tc
the Jury in such case, and he said he
should try to weigh his words, to weigh
the evidence and TO convey to the Jury
correct views. 1t is no fioctitious case
you are trying. What makes the case
you are trying Simply the evidence
you hear from that witness stand. Mr..
Bates stated he had been called upon
to argue case before Jury where the
scene covered vast amount ofcountry.
1t is not 30 in this case. A small room
II feet II inches by II feet 8 inohes.--
In the presence Of such drama as was
enacted in that room no ons can tell
the exact time within three or
four minutes unless he can tell you
just what he did and just what he saw
by other people.


Mr.. Bates said that the re-
lation of Richard Rowe to Hugh
Dugan had nothing to do with this case,
and yet you were given a long accou Mt
Of the tender friendship which existed
between these two men. Counsel for
the State admitted that they were
friends.


You have also had brought into this
ease Edward McGahey; we had nothing
to do with bringing in this charge OF
antecedsnt grudge. You are all fami-
liar with the old maxim that when the
case is bad then is the time for the
lawyer to go for prosecuting witness.


Mr.. Bates reviewed, dwelt at length
upon the points in the case, and at
7 O'Clock rested his case, at which hour
court took recess until o'clock.


EVENING SESSION.


Court re-assembled at S o'clock when
Chief Justice Comegys delivered his
charge to the Jury which occupied
thirty minutes. The Jury were then
to their rooms by the Bailitfs.


WAITING FOR A vEgpIcT.
4 After the Jury retired those who
were attending the Court from Whining
ton with few exceptions) left for
their homes. Dugan's two sisters re-
mained with him until 8 o'clock when
they bade him "good night" The
prisoner remains in the dock and along
side Of him are the two tip-staves. In
front of Dugan is his brother who at
times engage in conversation with him.
Outside of the bar and occupying one
of the top seats is the man who has
figured so prominently in this case,
Edward McGahev. In the Grand Jury
seats are reclining half dozen youths,
four of whom are fast asleep and no
doubt imagine they are in their bed at
home. In the crier's chair is also
wrapped in the arms of morpheus.
Crisr Smith has shifted his quarters to
he chair of the Prothonotary from
whence he dreamily gazes on the
scene.


This was about the state of affairs at
10. 80 O'Clock when word having been
brought to the Court room that the
Jury had retired for the night. The
OF those in the Court room
,acated, the reporter of the REPUBLICAN
Herald" and "Gazette" started for
Wilmington on foot. The scribes
,lodded YEARLY along until within two
niles and half of Wilmington, where
hey were overtaken by Messrs. Levi
J. Bird and Geo. II. Bates, Esqs., in
,ork wagon and at their invitation the
cribes of the REPUBLICAN ard "Her-
Id" jumped in and rode the balance Of