Show vv Yv or or or y GARLAND CASE BASE REACHES THE TE JURY JIM Arguments In the tho Murder M Trio Trial Occupy tho the Entire Day POWERS id VERY EItY lEU STRONG 1 torne Ctr ca I H its n a 1 Sea Item ic ul of the Intro Introduced I tro liy ii ri ul iii Trial frill I The arguments for Cor th Ih defense In Hi tb Iceland murder trIal were opened 1 b hi Attorney Ihl this morning He lie I in in upon tire Ihl jury Jur that list they the amos mus must lIne find that the shooting by b hm bar loen Ioen done not only wilfully unlawful and amid f but tint of J malice afore store aforethought thought beyond 1 n fI reasonable doubt be le before lefore fore tort they could find him guilty guilt of ot mur dir dr In the Ih second degree legree Where Is the evidence of malice mallen aforethought asked Mr rr TAk Tabs the Limo evidence of u nil all the he el and ami you OU will timid none A made th the act net will ivill nut Justify yoi yo OU In Iii HU at it the thi lie slats of the defend defendants defendants ants mind before the shooting Hop k n In III l something of ot an nn athlete and anti ti ii II trained boxer lion prosecuting attorney ney MY nO scoffed scatTed at th Ih tire Men lla of at a man luau ili like Garland so 10 much muth larger thin luau Hopkins I not nol throwing the disturber out of ot the this I saloon when he lie became n a disturbing clement but I recall how Jack sty Key the tire light weight pugilist treated a 0 much heavier healer man who 1110 thought that html he c throw tire the little prizefighter around Judge Powers ook ask up the argument at nt twenty mInutes Past H ii the Jury Jur he lie commenced nc 1 by b say fillY sayIng log Ing G n of the Jury you OU ole aiu bore hOIe to determine whether r or not irot this man loan pointing to borland shall go to tho for ne ten yours years eurs or per imer perchance chance lor for life Tu 10 t unlawfully take In I n II alIfe lift lIfe there must be he shoun hown to 10 lit Iii express nr 01 Implied If a man Is II sudden suddenly I ly i In the Iho fans passion will take luke the lime place at o malice lashes aol this In is where manslaughter steps lt s In Tire The prosecution Iran absolutely n failed felled to show any ox ex pries press malice There Thero could be no Implied unless the active agent In the killing can bI be e shown houi to 10 have an arm and malignant t heart rt These men Into Inlo time the saloon riotously They this Uris defendant insulted l him ilium and Insulted his hl mother mol her hail Had the limO district believed Hint there was Im Implied plied died malice he would not have changed the Ihl im e from I In the heat to in the Ih second degree Judge lowers then thin raw savi careful la refill and explicit of ot limo different kinds of ot and Tb The meanest IMI with a it I crime must be he put hut on oft trial with lIh time the presumption of ot Innocence To find hod ln him I guilty this thin hilI presume Innocence must be l e by h a It weight of ot evi eI evidence I dence tience HS He shall sore eerie to satisfy every everyman man nan on time the Jury Jur beyond a 11 reasonable doubt that time the man fran Is not Innocent Inno enl This defendant must nut not be 15 convicted jn Jul uny tommy mere caprice or suggestion The Time great law of ot self de tie reuse Is iii horn born In II a man and ani the Al AI placed pieced It In the breast lR of ot ire Die meanest creatures Self preservation ion tion has hat truly trul been said to tn b be the heat first aWe of at It nature Vh n the gun toas a fired the man rum In great fear for or hi his life lite GenII men nen of f the time Jury Jur think whit what hit you would IK io under r a 11 similar excitement when hen henOu roti Ou were abused and ln without causS and All even the th name lame of oC our mother was In III curl an cov coi CO red Hell with tn 11 too lOll ou may lua in preserve our life and limb iron threatening iota You may kill when It appears appt a to rou QU ou that you yell are arc In danger dan r of great rr Kt harm berm Count C then ben made n II strong argument tu o 0 show tint limit there was U malice mailer shown Ullon kon the part urt of ot Hopkins when Ihen lie he mad ho tho assault ne on Gulan wh fhil was wan wa attending to his hll behind he the bar har barIt It If he had kill he h would av Ave boen guilty of o murder In la the fleet first Therefore It Is III I evident under underlie ho lie el that Garland could not ot at have han b been n guilty lilt of such a crime ertme Counsel then than reed read at Itt length from thin tho Of Or t Olsen Olion and other tor or t the state who 00 ire Jio endea ored tn to how were too busy bus with their card none to pay par much to J ting else elle going on In the saloon Judo Judge Powers finished lila Ills argument at nt 1230 when a n recess wan ivas taken till tilt 2 Tire The taking of testimony was concluded ed at 4 o lock yesterday afternoon and Prosecutor Eichnor occupied the remainder H of ot the afternoon argument to tire the Jury jur Garland wall WOH put pilL on the stand during the tIme afternoon rind and testified that he heard violence on art the thu part purt of ot Hopkins and ani his hits companions and used his hits tu re revolver volver voler for tor the tho purpose of defending himself Ho lIe II suore that ho hu did l not In Intend intend tend leml to shoot but hilt merely used the weapon to strike Hopkins and auth had hall no 10 thought of hitting Williams George DaUs Oa ViA Andrew P H B II Quinn George A Stephen t phen Hays lInn tutu C W Watson testified te tl ned fled to reputation for tor having havinga a peaceable and quirt quiet disposition The district attorney gave a II search searching searchIng ing review of the testimony during his bis opening open In argument Ho He will close cloRe the tho arguments tiLls this afternoon and time tho case caso will wll go HO to tire the Jury jun |