Show THE UP TO 10 DATE PATE DEFENCE OF V N IDE by J W foley saturday evening post REMARKS BY COUNCIL now low may it please the court and you peers of the realm who come to do your highest duty in the land As jurymen juryman jury men you understand I 1 outline briefly for our side the case of mr cy N ide ay my iy client liere here whose whole life shows him pure as the new falling failing snows A victim I 1 may say of chance and much confusing circumstance preliminary objections OBJECT rONS first then we ask the court to quash the whole indictment pray read bosh on bluff and bluster chapter two ink must be black and never mue blue and if the ink used is not black ground to send the whole case back the rule pray please the court is plain but here I 1 read the law again I 1 quote now from authority oi of blow and buncombe chapter three it if any t shall not be crossed 0 or dot of any I 1 be lost these grave omissions then shall be enough to set defendant free so here we have the law and see here is a naked uncrossed t collateral exceptions so the indictment then is wrecked bvm of 0 omission and defect judge pinn finn hedde in his able work on fifteen thousand ways to jerk the props from prosecution says A comma standing out of place in the indictment may upset the very best indictment yet far better murder should go free than tha n we should have an uncrossed t particular ERROR so on these vital points I 1 might insist upon my clients right to be set free but there are more on which we set much greater store the witness blank while on the stand was sworn while raising his left hand and so his evidence no doubt the honored court will have thrown out and in support of this I 1 read from shyster on the high courts need of being even more than loath to tolerate a lefthand oath GENERAL objections it if this were all it were enough to set my client free see bluff on halt half a thousand reasons why the law loves technicality but lest your honor should refuse our claims my client now renews objection to the court its looks its jurisdiction and its books objection as to form and sense objection to the desks and chairs the tables and state counsels airs ails rn in fact my client now objects to everything and he expects to show by bluff by crook by drag bragg by shyster petti petit fogg and by that great friend of crime D lay by trick by terr fuge and stay that he be should be set free because of all these loopholes in the laws constitutional privileges my client cy N ide now please the court no technicalities would urge save that they all transgress the constitutional express implied declared and specified prerogatives of cy N ide who stands here making naught but one request that justice shall be done and we are here as man to man and mean to do her it we can EXPRESS reservations now please the court we weco co not waive A single right that we can save and we except some more some less to jurors clerks and witnesses and having made our attitude As clear and frank as well we could we come now to the minor phase of testimony in the case INSANITY first we have shown by proof quits quite plain that cy N ide is hardly sane the eminent doctor ale yay kisst by re flexing my clients wrist arid and tapping on his frontal bone finds absence of the moral tone and doctor eaks spurt finds one ear the thousandth of an inch too near the cheek a kympton sym as you see of 0 irresponsibility so by your oaths should agree to cy N ides insanity and so acquit him of intent and free him that he be may repent THE ALIBI but we have other proofs if this Phase of defense may seem amiss 3 ay my iy client cy N ide proves by his witnesses an alibi he was upon the fatal day this deed was done ten miles away so if you find him sane youre bound to free him on this other ground As jurors who are sworn to do the will of justice good and true whichever way you look you will find cy N ide impregnable As truth itself no crime can lie with such a perfect alibi 1 EVIDENCE OF SELF DEFENSE but if again you are in doubt of how bow this crime has come about my client gives sworn evidence the deed was done in self defense the victim of this homicide made fierce attack on cy N ide As he so graphically swore with sword and pistol aye and more and as lie he shot and stabbed and tried to end the life of cy N ide my client much to his dismay was forced to shoot or run away and so he shot the deed was done since he was lame and could not run so it is plain the evidence Is ample proof of self defense and io so you must acquit you see on one ground two or even three 4 CORPUS DELICTI 1 but not alone on oil this defense this bulwark firm of 0 evidence do we rely for we have brought the elli eminent nent expert tellus watt and lie he quite sturdily agrees the victim died of 0 heart disease in III which event the case must fall since there here was no crime done at all the eini eminent nent expert tellus watt says in the interval twixt shot and when n the bullet hit its mark excitement quenched the vital spark within the victims breast and he died not of crime but naturally so here again my client stands and asks acquittal at your hands exceptions REQUESTS MOTIONS PETITIONS AD nov NOB please the court we ask ash the case dismissed itis now BOW the time and place and failing that we move the court instruct the jury to report A verdict of not guilty should the court not bold our motion good we ask the jury to acquit on any ground it may see h fit t insanity it if it so please or alibi on heart disease I 1 or self defense J if homicide found we ask it set aside and falling failing that ie e straightway r 9 move another trial that we may prove A bew new defense it if denied W we ask an appeal certified and aid tailing failing that we ask to be petitioners Petition ers for clemency and tailing failing that we ask but leave to talle file petitions for reprieve and failing that well cy N ide by then will have grown old and died |