Show THE LYNCHING CASE nim IN E 11 an I 1 0 F ill 1111 I 1 J 1 it W eloquent bitah rj us b bj ithe hie alit felle Defendi defendant tnt daniel shields put t on oil tile stand ild testified that w when stank tile gave up the keethe kes keys the inoa X grabbed d 11 chelli fram him ile he defendant then lie well I 1 over to mrs 0 OS sheab heals cabin teabie got sonn sonic Ji i natches and went to ills his own cabin where h he stayed until axt morning cross examined at the t time line the keys kays were taken from stanley there may have been a robein ropo in front of the jail beanley told me there was gola b tn be ba trouble when he deputized me paw aw no BO evidence of t trouble at the jail siw 8 aw no rope over stanleys Stan leys head bead saw Z no rope ut at all allshaw saw nono none of the defend ants around there did not know until I 1 I 1 went to suit salt lake that I 1 was charged cli arged with connection with this case cage simril that the officers were after toe me and I 1 lid in tho the mine had been to keep out ol of the way though I 1 told tile parties that I 1 had nothing to be afraid of this thin may have been live five or six dayi aft after erthe the lynching lunching lyn ching I 1 bid became 1 thought cuddihy tied had a subpoena for nit mt iland and that I 1 was wanted as toi lot the prosecution did not learn until next atit morning after the lynching lunching lyn ching thin thai tile jail fill door had bad been opened mrs oshea awken me if I 1 had heard of it taked with stanley about it I 1 thought tile the night nt before they would take isher fisher out did id not wait that night to see the crowd go oter the hill toward the tho whip ahi P my suspicions were not aroused cy by to ou many people poodle hanging around tha th jail t hid a little e suspicion of course anti and thought the crowd perhaps meant to lynch fisher dont lem emberl noel anything to me e or at anybody else except stanley was 11 as at the jail ail boat of tl II ie time between 3 and 0 9 that flight I 1 went aront to get gets a drink during that whole w wit hix UK hours 1 dont demember em ember speaking tp to anybody except jack harrington arbu tinna camo out of the jail with stanl stanley dont believe I 1 was drunk I 1 ro ko direct stanley did not accuse me ma it next L zt morning of having joined the mob cross examined stanley was standing at the saloon Baloom door loor and showed me t where the hair had bad been pulled but ol of Iii his chin schin it is not a fact that I 1 ivas was in fit sympathy athy with the men who opened tile the jail door loor fat shell am Amro related to do d fen fondant dant denis sullivan and forcinA ii ol of UK kite ureka lureka it thill ili 11 inizia minas had n Lon verua tion lion with ole christensen a witness jul fui tile prosecution in halt luke lake he bisk me lor for 10 next lay day I 1 had another vj on nith ith him and lie iw sald eald the a lofb bf b 3 would rit put up and he watt flat going to testily testify against them for lit in w would on id as soon swear to a lio lie as the truth cross examined I 1 was in salt lake to help tile the boys boye have helped the do fondants fond fand ants all along and collected mone money to 10 help them thein ole christensen worked in the mine but does nut now I 1 woul I 1 riot not permit any man tot tork in n the mine tha that would tell testify fy against these defendants C the defense said bald therauld they would uld rest reat here her hugh jameson Jam eaon called uy y the prosecution bald I 1 know knon a man named ulf oft christensen Christo OBen am a blacksmith and was wa employed loyed to sharpen tools toola at the mini mine enly lit in july I 1 y I 1 last a it remember the hinging liani nit of joseph tisher in jelv last had it ii conversation i mith christensen two or three days afterwards Q what did he say relating to the lynching lunching lyn ching transaction objected to by the clefense objection usta tied witness ft as then kedia aided if any other persons were in hearing ADS acs no Q 1 was that hat statement made by christenson confidential objected to objection overruled ex tJ celi tation tion taken ans aas it was confidential cross examined patsy palsy sullivan was as present the alzo of tile the shop la is about 0 s 30 christensen acted uncommon this concluded the testimony on oil both hides tha court thou then adjourned until saturday morning at 10 0 cloak I 1 TUB ARGUMENTS mr bierbower Iller bower opened mr his argument for the people on saturday Satu iday morning morn mi lie he first defined ahe the different dilT orent degrees of homicide and ana the legal terms bearing bearl nd thereon lie then launched lato the acta of the case drawing for the tha jury a graphic picture of eureka and its populous etc Us ue rehearsed tile the Inic incidents identa that occurred on the div day fisher was waa hanged then uie arret and indictment ot of those who participated in the ti lunching lynching lyn ching ile ho portrayed port raved tile dilli cuttles that the prosecution had labored underpin un under derin in getting evidence indictment compared witnesses fortso for tho with those tor for the defend a ata allu ll diAk particularly too to av donee dance of act ole christensen Uin stensen amil and ill lather whose evidence evid enco ho he sustained as an t lie ile dissected tha ilia evi evidence dende 0 of each defendant defea dant ani and made I 1 ni n allusions allu Blons to the medical testimony I 1 produced reduced rod liy by the defense ilia discourse was w al lufto quite Icing engsby thy and covered cover iid almost I 1 th he 0 nt re 3 of jhb csak A 0 sutherland jr followed tor for the defense nia ills plea was quimp lengthy anit and waa road read from rom manuscript ke ile pt pit forth everi every ill ellort ort lit in behal atthe un defendants gin in brief the iho indictment in this thia case idtse charges these thee defendants arith tile the crima of ibur dr der wid upon such a grave charge the he wat watchfulness and card car ot of a jury should be gintert than banin in any other oilier we case tint tile no man should le convict eil against whort the proof Is i not ton con elusive clu sire sive 0 no o mails guilt should ba a le let t to te inference infer enca or probability bilty 4 everyman EvO evry rYman man upon the jury promised upon chii call and tn his bu cap corisue science nc that he would con vict no man because his hia guilt seemed sef lined more probable or more inore likely than hia innocence mr sutherland therland bu rem reminded the jury af pf their promises prom laes and their duty to carry and bear that lit in ail mind aki I 1 in i r jury jur room the ibe law pre e nies these t thle s e dependants defend e anta at alie b beginning 0 tile trial and thit that presumption attends thom all through the trial lie he spoke of 0 their duty to begin with the evidence and juey aimy were were found guilty beyond a re va doubt to acquit thema substantial light which is in the cite very foundation of criminal I 1 jurisprudence d ence bear ing anisia in mind that the lie humane polity policy of our law is that it 11 better that 09 guilty men of el lecave thin than that one innocent mail should duller buffer after demonstrating fit ratin these main propositions of law to the fury jury exhaustively he called tile the attention of the jury to thi method ot 1 llie IT P prosecution rose cution examining witnesses to suit euit them hem or as favored their side lea eliav in ing out matters matter a that hi it tended I 1 to 0 favor faor the llie dependants and putting in only those I 1 in ia culpi oil itoi v f facts acta liero here and there and how flow blindly tinne time after time the defense wre w re cu I 1 paled to grope in crose crom e xa in I 1 t on and how bitterly tile the attorney opposed facts it ill fiver eurof of thu the defense alleging that a more unfair or vindictive prosecution was wan citver it I 1 ver seen been in it a court of justice tile the prosecution has bought their evidence from that part of town where th the 0 executors of fisher were characterize as ai damned hounds the rha dwelt particularly on oil tile exclamation ei 1 of 1 fisher aly god n till nil anen friends Is but when it MI totino lie agonized menil lu oem ic lit t lit HI i 11 weeti kui an ai I 1 grey I 1 mirul uh ind in 1 urther flur of p pour u dual dad UCo U 0 chich we beia 0 calculated to stir till r the hearts feura listen Im tener erthe alie bously objected tu to keep such evidence io 0 it ii tile thu tars ears of tile jury anti and thin is lull flat tin calls acting for tile defense ile tingo as well veil as tile lie people ile iio showed up t lie nan I 1 stories of tile thu it itne nemes Bm 3 forthe fir the prosecution and the Incon sis i ency of some of evidence i took lit the a evidence i of each ant and illustrated its ili bearing bearl ns and tho the mistaken mia taken identity id 0 entity of some aoma oi the defend defendants antas that t a ve ein ll 11 of fabrication condemned the tes testimony ti too of 61 stanley as 03 untrue and unworthy h y of belief 0 i and that a mans life ought I 1 it not to be in jeopardy on the sta statement temen t of such i witness for out of ills hia own lips lipa lie he condemns himself and ilia his testimony be stricken from th alio a case ahat same weakness characterized El Eithe thors rii testimony ort on the ath of july fisher was arrested charged wl with th the murder of james oconnor OL onner tile the wl ole town of eureka was wag thrown into 11 t fiver fever ot of excitement by tho the ves i ea of this alleged murder everybody albed about it we can well In imagine ingine hat in a town of that size the noa news a would spread like wildfire it would wim beem from tho the testimony tiB here thit that the population of lureka eureka wits was largely made ip ap of the friends and countrymen of poor 0 oconnor conner ills aged aed father an and d mother lived in the town well known and respected by all immediately upon learn learh ing of the death of their son so a they rushed down town wildly excited mad almost with grief and anger the mot herco nto til 0 saloon where her dead bov la Is ying ing and in the iho mid aidt t of the crowel cre here assembled erica cries out against the murderer ol of her boy boy give me cle back my mv boyl boil I 1 she wildly demands I 1 I 1 where atile the man maa who killed my son let me at him I 1 in the justices just nea con court rt iho to attack him with a iii miners iners tand i candlestick lestick the old was no lose leas agitated ile he ROM goes about tho the little town iowa wild with grief lla ila has haa killed my iny boy lie ho must hung hang its life lifa for life comes comes bitterly from the anguish stricken breast reaal tile tho steadily 9 rowing growing anger of the populace ted fed by the sight of the bent lorma of the stricken pair robbed of their heir son inalie in the very lower of manhood I 1 fail cudby by the commotion the wai failings wailings nai lins lings and and lie he passionate heart broken cries that thai welled up tip frum from their stricken hearts take each case liliuo to yourselves and and see if such buch a night bight would not stir your your titi irta to of passion passi at which coulmas abandons you the speaker herred to buna being a biased that lie calls the only while iiii man in ilia town 1 that lie he crowds and groups of frieu Is of if JC J conner oconner onner would cease talking whenever approached by a white mail inan 11 ac its he hearald the testimony ol 01 of lombard whose testimony in considerable purl part was vaa not corroborated corroborate it by another wit it nesi a fair w witness in many respects md and a main ila aa snot not called before hs 1118 commissioner and ills his testimony no nt heard theard of tint until lie ho euins with ole and suddenly appears be ba lore bore the grand jury lie is a justice ustice or ol tile the peace and ex ei officer corun coroner ersila sits with nith iolder hands and connive h I 1 at tile tho escape of criminals the witness T stanley tries to throw upon the shoulders of lian dan shields bli ields what hn his own should bear the inconsistencies absurdities aud and incongruities of tills testimony shows lie ho is 18 more deep iv it implicated in the lyn lunching lynching ching of fisher than appears upon the surface but tho the witness who la is up above all others in the scale c I 1 perfection la Is albert Ei either thir ile he is immaculate un the prototype of tile hia country and upon his hia tair soul the imputation of falsehood 1 cannot rest but he comes before una this jury iury and tells a story no man can bt be love cievo which upon its own on faie face bears the brand of if untruth hither either sees bees and fivars everything recognizes every that is is suspected by ary any ope a elie is of havi ing ilik anything ny tiling to ilo do i M ith th this affair lie he saw more on that day kan w till all the others put to together other and an I 1 those who biad lu fit an italy balf abter er it i ties of seeing tjan than I 1 he Us he is sublime in his hia valaries vaai vala rieb iLu and it uial ile be that ho he k i the lie victim of a morbid imagination imig mation that brooding upon the horrors of that night has haa kiyon kiyon his story to hirn him now tile the up P le aranca of truth anil and reality mr ti therland then at length pointed out ilia iha false testimony As to the witness ole oie lie he most surely has at liuio or wi a lother iii id the history of tins this casa been guilty of deliberate falsehood raili failing ng to let ilia his domand demand for blackmail matist led att ho a of at temple to toga go ha ho by te titine against danals sullivan Sui livan and an ali at there la is about it testimony amounts to nothing ing the balance we ne are willing to accept as true the character of the testimony for or the ho prosecution prosecute prose cut 01 is such that it rati laa not be accepted unquestioningly by this th Is jury you can not but be ba strong strongly lT tin im wn sf ul x w altti ili ILA it ocy ney and un re nl 1 I I 1 it it will not do 10 lo to convict nien men of grave 0 crises nei upon such proof 1 1 has not reached that eliat lamentable pass 1 n tile the history of our criminal jurisprudence u when w an the lives aud and liberty ii erty of 0 f eight men shall hang wavering upon u un the words of such men the testimony shows tint that tho the rope bought by green was not tile ono one used in hanging fisher we luve have definite and conclusive testimony on thu that ur sutherland went extensively extensive iv into in to the evidence pertaining porta ining to ciach defend Atit Algi ll 11 or innocence and mad madi A bengt lengthy e exposition P altion of the cult caje sho bho ing adso that icher was vai not killed by strangling choking or a mortal pressure of this rope or some rope as al alleged are ea e asure tn in tile ho indictment and upon what cin can the jury dry base their decision I 1 lie ile then cloned his argument with a aaronj barong appeal to the mercy ol of the jury an ail I 1 now mo be beg of you that thai la in your examination into t is case while hila listening to the voice of riison reason and of justice you ba 1 not deal deaf to tile tho voice 1 0 I mercy marcy let mind speak but do no not silence the vola voica of the tha heart I 1 come its i the cd those men and I 1 ask you without circumlocution or disguise dis a ai one honest nun man should a k from his soul to Another my heart bein bhea ein lit in what I 1 ask anil and going out with all ita ila strength in compassion to them tint you ou have you have compassion upon any one of these defendants should you believe alm to t have been connected with this transactions transact transaction ionI it is id a case in winch which mercy may go to hand in hand with ith justice it you find down deep in your our hearts one spark of com passion or pity or the unfortunate condition I 1 of these hese |