June 20, 1899 (4 pages)

d of of Our Helghibors. as ha The Telephone, or of Native Seine: will ag active part in the F ation there. oo ges beat the: ‘Wheatlands junday by a score of six ; 5 ion of John Shitnic i emens ower Company pulled a ing water over upon it. evening and was badly is but fifteen months old: te Oe ident it South Hadley, EY, Mass yJune 20.— Pre ih: ia,” y¥ witnessed the auacer t on the.s10lyoke Col1.afice, Miss Grace Meof the graduates. Cannot be Cured ations, as they cannot ° ed portion of the ear. 16 way to cure deafness, onstitutional remedies, sed by an inflamed éGonmacous lining of the e. When this tube gets ive a rumbling sound ating, and when it is deafness is the resalt, inflammation can be his tube restored to its n, hearing will be denine cases out of ten tarrh, which is nothing condition of the muOne Hundred Dollars. Deafness (caused by not be cnred by Hall’ Send forcirculars, free, : INEY & CO, Toledo, O, tists, 75c. ills are the best, +00 id. tor 25c¢ at Homann’s + #@eives in Butk. 1] ss extra fine ones . Jackson’s Beefils on Commercial f10-tf —+Oe ——___.__. d tor 253 at domi1nys : LOST VIGOR AND MANMOCOD , Night Emissions and 8, all effects of selfOr excess and Indis. Anervetonicand yuilder. . Brings the )w to pale cheeks and 3 the fire of youth. 5Qe per box; 6 boxes ® written guaran. refund the meney. iEDICAL CO. . Sts., CHICAGO, ILL. le by H. Dickerman. seeaeiiiaa A Restores VITALITY, NS! ee CO. der act ur ful * NSE / $3.00, $3.50, >, 1 #5: 50, $6.00. O. M. & CO > ad The Able _Arguments. of Lawes _ Power and Tyrrell. a ihe: Review the Evidence — Their meapeelye Conclusions. of the Witnesses and Draw ‘The Moore > this afternoon, thest t© the jury late trial having been spent in’ez of the ments. District Attorney Power for’ the prosecution and lawyer John R. Tyrrell for the defense: have distinguished themselves by the able and careful manner in which they. bave. handled their respective sides of the great case. They have fought it inch by inch from start to finish with a skill and pertinacity that have won for them the unstinted admiration of all unprejadiced persons who have closely watched.the events of the trial. Not @ point has been missed or slighted on either side, and Messrs. Tyrrell and Power are receiving deserved and equal commendation on ali hands: for the brilliancy and thoroughness of. their work, After the TransonreT went to press yesterday Erastus Baldridge was sworn. He said he was only tolerably ac. quainted with Moore, and witness was ‘excused upon defendant’s objection. Ed D. Bridges had known Moore long and well. He is sane. A.B. Wolf sold ‘aay to defendant’ He is sane. Samuel L. kouenn had known Moore well twenty years. Used to talk with him frequently. Believe him sane. Cross-examined: .Was not exactly intimately acquainted. Charles E. Ashburn, courthouse Janitor, has had. charge of the insane in jail for six years. ‘Thinks Moore sane. George. Coughlav, Justice of the Peace, had known Moore twenty years. (Objected to for lack of acquaintance. Overrnled.) He is sane. Cross-examined: He is a peculiar man in general make-up—unlike most men. Thomas H. Carr, City Clerk, had known Moore well eighteen years. Think him sane. He is a bright man in his way. At 4:20 the prosecution rested. Court then adjourned till 10 a. m. é today when argument was begun. When court opened this morning at ten o’clock Judge Nilon ordered that the testimony of Thos. Davenport and Sam. Rogers, taken yesterday, be struck out on account of insufficiency of acquaintance. District Attorney Power then began his argument. He said this was one of the most important criminal trials in the county’s history. Murder is the killing of a human being with malice aforethought. Murder in the first degree isthe killing in a premeditated: malicious manner. Four witnesses had heard defendant threaten to kill Kilcoy—Weeks, Schmidt, James Hanley and Gates. Kilroy had reason to believe Moore would close the shutter at Bilerman’s and to think that he did close them. The officer may have and probably did call him a liar, and he wae justified in doing -it.-When. they got down to the corner Moore applied the vilest epithets to Kilroy. Was that the course of a man in fear of his life. Kilroy goes three times to Moore who defies arrest and continues his vile language. On the third occasion Kilrof says he don’t want to arrest him. Moore says, ‘I will kill you.” Kilroy puts his hands on defendant’s shoulders, leans over to speak to the deaf man and the shooting began, Kilroy fell on his knees against Moore,. Moore fell to his back, sprang up and fired the third shot in his victim’s chin. Kilroy dropped dead, Moore looked uround but saw nobody. Had he seen Bob Gates you know what would have happened. Then he hurries to his cabin: ‘This insane man then packs up his effects and starts armed to the teeth to join his father at Oakland. After twenty-five days he is caught. He proposed to fight his way to Oakland but Veale got the drop on him. Not one word of corroboration of the plea of self defense has the defendant introduced. Moore stands alone against all the other witnesses. On one hand he sees the death penalty, on the other is _perjury. Mr. Power then proceeded to ana‘lyze the testimony of Moore, who he said showed utter recklessness in disputing the combined testimeny of all the others. Kilroy had no cane, such as the defense sought to prove, nor was there a rock or stick on the ground _where the body was found. His pistol and club were in their places. Moore to the Sheriff right after the killing. because he did not know where he lived Yet he says his mind was a blank then F6a.says here he wag knocked down, Kilroy onid in the Martinez jail that, ‘down. Here lid pafter knocking him his mind back a peg,* Wlaukness of man and Morgan, all reliable eit?2rdtold the same story and it contradicts Moore. Tf thé man was insane he could not have acted in self-defense, and vice versa. It was a wanton, cruel, unnecessary killing—a cold-blooded murder. If Moore knew right from wrong he cannot avail himself of the insanity plea. Many of his own witnesses admitted he knew right from wrong. They must prove insanity by a preponderance of evidence,.as we must prove the murder. A reasonable doubt as: ta his sanity does not prove him crazy. They had twelve witnesses as to his insanity; we had double that number as to his sanity. Our witnesses knew and were more or less associated with him in one way or the other. Dr. Hunt not only said Moore is sane, but that his mother was in spite of the elder Moore’s claim, and he is skilled in such matters. Dr. Tickell, another expert on nervous diseases, toldyou a man might have insane relatives and yet be perfectly sane, The ancle and cousin /may have been crazy through their own fault, We have also proven by his writings that he is a clear-headed shrewd fellow. Even if he is partially insane yet knew right from wrong he is not excused. Moral:insanity does not excuse. An irresistible impulse does not excuse--he must keep his passions in control. Eccentricities will not excuse. £ have no fault to find with the old manin claiming his family is insane. We proved he was wrong as to his wife, and might have shown it as to others had we had the time. Mr. Power spoke about fifty minutes. MR. TYRRELL’S ARGUMENT. At 10:55 Mr, Tyrrell began his argument for the defense. In opening he said he felt overwhelmed with the responsibility of his position. He felt his client should be permitted to go free from the city where his delusions told him the whole populace was arrayed against him. The defendant, his ‘father and his attorney have had no friends to come up to and encourage them, to shake them by the hand. A murderer should be punished, but a man who strikes in his own defense should not be punished. For years Moore had believed himself pursued and his life in danger. He believed life in danger when he shot. Malice is the gist of what the prosecution must prove to convict. Manslaughter is committed in a state of heat without malice aforethought. The main question here is as to the condition of Moore’s mind on the morning of the killing The law of self defense is a noble law. Every maii has the right to invoke it. There is much travesty in the name of justice under the plea of insanity. We do not claim he is insane on everything. We have shown the family’s blood is tainted with insanity. I do not say he is not intelligent, that he does not know the difference between right and wrong. I do claim his mind is weak on the subject of being attacked. Because some criminals have escaped on the plea of insanity it is no reason you should hold this man responsible. Wm. Kilroy was a good man, but he had his faults. My duty to my client renders it necessary I should call your attention to them. The prosecution has utterly failed to prove Moore the lawless reuegade they claimed at opening. Gus Schmidt says Moore told him be would puta hole in Kiiroy if-he did not stop following him. Why was Kilroy following him? Why was it not shown that Moore had been doing anything wrong? Kilroy was a city officer and instead’ of. arresting him he hounded and _ persecuted him. Moore told Hanley the same thing a month before. Kilroy laughed ' when told of the threats and, according to Hanley, said Moore was the best friend he had. Yet he kept following Mobre, showing he was either an idiot or fool‘hardy. Robert Walker heard Moore tell Kilroy the same thing, presupposing thut the officer was hounding and dogging him. No man on this’ jury would have done otherwise. Hilerman told Kilroy the shutters were open, and shook the other in Moore’s face and . says his mind became a blank just be-. called Moorea liar. Moore then said . fore the shooting began and it came . again, “Kilroy,if you don’t stop follow. back to him just before he got to the/ing me Til shoot you,” but made no: Martinez jail. Yet he fled because he. demonstration. Eilerman knew Kilroy . thought a mob was after bin; he re-. was wrong, so did Mullen. They knew membered packing up his traps and . Kilroy used fighting language. There took his guns as he suys for self pro-} tection. He says be did not surrender} Moore went down to the corner to., ad geek ‘Kilroy tak ek what Moore said, if in his pat, their: memory is wonderfally ‘fresh as proaeatled: as he thought. Kilroy went back to Moore because he was looking for trouble. Gates heard some one say, “Keep away from me, I don’t want any trouble.” He was reluctant: to admit it, then fle would not say who said it. But Moore said it. It disproves that he had it in for Kilroy. The officer went at Moore the last time ina rage. He was so infuriated his passion got the better of his judgment and he could not bold himself. Moore may have called him hard names, but it did not excuse the violence of the olficer’s assault. The defendant was. justified in doing just what he did when Kilroy took hold of and’ put his thumbs against his throat and choked him. Not till he was being choked to earth did he draw his pistol and use it. Gates. thought. Moore was shot. He knew from Kilroy’s manner that there would be trouble. He could not get Kilroy away. Kilroy t6%,80 worked ap he rushed headlong himseif fot00m and has nobody but weak on the ‘subjeoMoore’s is mind was and when he was being Uae * attacked, he shot to save his own life. “rcere says Moore was very angry but Kilroy was pleasant, whose cousin he was, but could not distinguish one word he said. But Moore, who was never known to speak loud, was plainly heard. That is very partial testimony. Boardman heard a heated argument. One man couldn’t have it. Moore was defying Kilroy: to arrest him. Boardman, as well as Morgan-and Gates, says Kilroy was doing the advancing. He could not hear what Kilroy said either. Yet he was making himself heard by the deaf defendant. Does that look like fair play ? They didn’t want to hear what Kilroy said because it wouldn’t agree with the prosecution’s theory. How can you account for Moore falling flaton his back if he was not being choked to death and crushed down Any man, sane as he might be, would have done as Moore did. We do not know what. Kilroy intended to do, *. There was but one light-on the square, but the people’s witnesses could see everything or claim they could. Mr. Tyrrell was talking when court at twelve o’clock took a recess till 1:30 AFTERNOON SESSION. At the opening of the afternoon session Mr. Tyrrell resumed his argument, taking up the testimony of Sheriff Getchell and dissected it from ‘his standpoint. Hespoke of the changes made in Moore’s cabin, saying they were only ordinary répairs. A high tribute was paid to “the plucky little Sheriff” (Veale) from Contra Costa county and said the fact that Moore permitted himself to be taken unawares and without resistance was evidence of his insanity. Moore did not “catch Kilroy alone,” as claimed. The tragedy occurred in a public place. Kilroy forced himself on Moore. Moore is pot disputed as to Kilroy shaking his fist in _Moore’s ‘face. Moore says Kilroy got to the corner by Lammon’s and then came back saying “You —— thief, I have a notion to run you in,” This was under the Snell & Fleming awning. Moore’s threat there to kill is . Kilroy was qualified. Kilroy says “you wou’t kill anything,” and started off. Moore made some taunting remarks. Kilroy foolishly went back to him, left afterward, then returns again when Moore says, “You dare not arrest me, I will have you arrested.” Kilroy, pvor foolish fellow, could not stand this and rushed back, grabbing Moore. I believe Kilroy struck him then with his club, as Moore says, then put the club back. Kilroy had his pistol in his hand the first time he went towards Moore. He went overto him thinking to bluff Moore. It was that Moore threatened to have him arrested for. Kilroy was there to keep peace, not to break it, and suppose Moore did call him a dirty Irish pup.--Moore had a right to fire the third shot as well as the others. I have thus far assumed Moore’s mind to be clear, Witnesses have told you he told them 35 years ago people were after him. He was different from other boys. At six he was hurt on the head and was never himself afterward. Doctors tell you continual thinking on one subject breeds insanity. He thought for years that people were after him. Was it the act of a sane man to ring the bell at his mine, then-go up and hoist his load of ore. 8. W. Marsh told you of the funeral that Moore had for his dogs. Moore’s whole life shows he had a weak mind; His fears ripened into delusions. He could feel people after him and he always carried his pistol. Ido not say or believe he is insane, but that he has delusions. If a man of sound mind would have~kilied Kilroy, how much more natural that a deaf, delauded man like Moore should doit.Many witnesses told you there was somethiug wrong with him—many that at times he wus positively insane. He is a proved it. Then Kilroy went to Moore, and when Moore said he left them . open Kilroy put one hand behind him, and his life have not been normal. It only takes little things to affect him and make him lose his senses. Expert . Senne cannot always be relied on. We marshaled the facts. Hugh Mur. chie and Jobu Dyer had trouble with Moore and believe him sane, of course. Moore was sick and demoralized when . reporter Johuson interviewed him at Martinez. Yet there was but a single . discrepancy in his statement. The brighter man than, ordinary, but he} ". None of the witnesses wanted . to bear . ! oe “GONE TO ‘ HE JURY. : ase ‘were well writtet is no evidence of Moore’s ‘sanity or insanity. I am not getting a cent for defending this man, ,}and he has not a friend, but I believe in my heart that he shoald be acquitted and I propose to defend him as though I-were paid a thousand dollars or mofe for it, T.H. Carr and Judge Coughlan believed Moore sane, but they admitted him queer. ‘The fact that Dr. Hunt examined Mrs. Moore once does not prove she was not insane. The statement of Gates himself raises a doubt as to Moore’s responsibility. They have not proven that Moore is depraved or wicked. All they lave shown is that he fired his pistol ata dog. Had Kilroy shot Moore under the same circumstances that Moore shot him, the people would have said all right, for this deaf, onfortunate man has po friend to speak for him. If Kilroy were here today I know -he would say Ope was 00 murder in this case, ‘Mr. Tyrrell closed at 2:30 p.m. with an eloquent appeal to the. jury in behalf of his client whom he depicted’ as an. unfortunate and deluded. man against whom an unthinking priblic clamor had been raised, THE OLOSING TALK. District Attorney Power immediately ed by Ris one argament. He openf th tunities pe ~king of the opportunitie NoWt for a fair trial un+ der: the lant.ot “ifornia. He has every right, every Priviiage, accorded the people. The bonefit of ery doubt is given to the defendant: The defense charges various citizen with testifying falsely, yet none of -then. have any ‘interest in the case. “ Gates did hear what Kilroy said—heard .him . say, “I could arrest you if I wanted to, but Ido not want to. I do not want you to call me those names any more.” Boardman heard Kilroy say that he might have to arrest © Moore. The only fault with officer Kilroy. was that he was too good, too brave, took too many chances with this desperate criminal. Moore was deaf and it was necessary to call in his ear. Kilroy might have walked away, but the people would have censured him. But he did not know what fear was and he stayed to meethis death. The claim The rules of evidence would not perIf Moore -was knocked. senseless Moore who is dead. Kilroy was too considerate. ‘How was Moore compared himself in this community that he has no friends? shadow this man. If his lips could be unsealed today he would tell you that Moore knew he knew too much . mit us-to show why Kilroy followed him, .We have proven the threats of Moore'to kill Kilroy as he did kill him. how did he fire. those’ shots. Moore told. Sheriff Getchell “We were fighting.” It is likely that Kilroy said “Keep away, I don’t want any trouble.” I don’t believe Kilroy was perfectly pleasant the last time he went up. But Gates says there was no force-or choking. If Moore had such a case, why did‘se slow up in passing the men on Commercial street ? Moore himself knew he did not have a case of self defense so he left the country as quickly as possible, All criminals think they are unjustly hounded by ofticers. Out of all the prisoners in San Quentin there is but one man who thinks the law has treated him right. Moodfte’s bearing shows that he thinks hedida smart thing in killing Kilroy and is proud of #. It is tuo bad it is not The trifling differences in the testimony are the. best evidences that the evidence is ‘not concocted. We have told you what Moore said. Ed Moore locked his cabin when He fied to mislead the officers info ‘watching it till daylight. Moore might have called any number of doctors to testify as to his sanity. Is it possible they could not get a doctorin the whole county to say -he is queer. Compare the actions of Burns >and Moore. The prosecation readily proves Burns unfortunate condition. A man [email protected] Pecarty buried a dog in Pine Grove Ceustery and erected a marble shaft over hits Moore is not the only man who ever varied’ a pet dog. He isa morally depraved mua, a A A RE NI ee see that Kilroy took his club, hit Moore then putit in his pocket before being shot isabsurd. Kilroy had a right’ to a * oo nic cn FONTLEROY} BLOUSES ! FOR CHILDREN, From 50 Cents to $2. ® y GRIMES. f TTEROLEALALOLELLALOLLALOLEDLOLLLUI LD Telephone 301. The Latest IN . Wall Paper. Is called the “Ladies’ Wall Paper.” It comes principally in stripes with blended borders and ceiling to match. It is wonderfully rich in its effects and the style is bound to be lasting. Then it is reasonable in price. SEE THOSE desperado, a gun man who expected to eventually kill a man. It does not worry him one bit that he shot Kilroy. The elder Moore’s testimony is inconsistent,but he wants to save his son, which is natural. 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d of of Our Helghibors. as ha The Telephone, or of Native Seine: will ag active part in the F ation there. oo ges beat the: ‘Wheatlands junday by a score of six ; 5 ion of John Shitnic i emens ower Company pulled a ing water over upon it. evening and was badly is but fifteen months old: te Oe ident it South Hadley, EY, Mass yJune 20.— Pre ih: ia,” y¥ witnessed the auacer t on the.s10lyoke Col1.afice, Miss Grace Meof the graduates. Cannot be Cured ations, as they cannot ° ed portion of the ear. 16 way to cure deafness, onstitutional remedies, sed by an inflamed éGonmacous lining of the e. When this tube gets ive a rumbling sound ating, and when it is deafness is the resalt, inflammation can be his tube restored to its n, hearing will be denine cases out of ten tarrh, which is nothing condition of the muOne Hundred Dollars. Deafness (caused by not be cnred by Hall’ Send forcirculars, free, : INEY & CO, Toledo, O, tists, 75c. ills are the best, +00 id. tor 25c¢ at Homann’s + #@eives in Butk. 1] ss extra fine ones . Jackson’s Beefils on Commercial f10-tf —+Oe ——___.__. d tor 253 at domi1nys : LOST VIGOR AND MANMOCOD , Night Emissions and 8, all effects of selfOr excess and Indis. Anervetonicand yuilder. . Brings the )w to pale cheeks and 3 the fire of youth. 5Qe per box; 6 boxes ® written guaran. refund the meney. iEDICAL CO. . Sts., CHICAGO, ILL. le by H. Dickerman. seeaeiiiaa A Restores VITALITY, NS! ee CO. der act ur ful * NSE / $3.00, $3.50, >, 1 #5: 50, $6.00. O. M. & CO > ad The Able _Arguments. of Lawes _ Power and Tyrrell. a ihe: Review the Evidence — Their meapeelye Conclusions. of the Witnesses and Draw ‘The Moore > this afternoon, thest t© the jury late trial having been spent in’ez of the ments. District Attorney Power for’ the prosecution and lawyer John R. Tyrrell for the defense: have distinguished themselves by the able and careful manner in which they. bave. handled their respective sides of the great case. They have fought it inch by inch from start to finish with a skill and pertinacity that have won for them the unstinted admiration of all unprejadiced persons who have closely watched.the events of the trial. Not @ point has been missed or slighted on either side, and Messrs. Tyrrell and Power are receiving deserved and equal commendation on ali hands: for the brilliancy and thoroughness of. their work, After the TransonreT went to press yesterday Erastus Baldridge was sworn. He said he was only tolerably ac. quainted with Moore, and witness was ‘excused upon defendant’s objection. Ed D. Bridges had known Moore long and well. He is sane. A.B. Wolf sold ‘aay to defendant’ He is sane. Samuel L. kouenn had known Moore well twenty years. Used to talk with him frequently. Believe him sane. Cross-examined: .Was not exactly intimately acquainted. Charles E. Ashburn, courthouse Janitor, has had. charge of the insane in jail for six years. ‘Thinks Moore sane. George. Coughlav, Justice of the Peace, had known Moore twenty years. (Objected to for lack of acquaintance. Overrnled.) He is sane. Cross-examined: He is a peculiar man in general make-up—unlike most men. Thomas H. Carr, City Clerk, had known Moore well eighteen years. Think him sane. He is a bright man in his way. At 4:20 the prosecution rested. Court then adjourned till 10 a. m. é today when argument was begun. When court opened this morning at ten o’clock Judge Nilon ordered that the testimony of Thos. Davenport and Sam. Rogers, taken yesterday, be struck out on account of insufficiency of acquaintance. District Attorney Power then began his argument. He said this was one of the most important criminal trials in the county’s history. Murder is the killing of a human being with malice aforethought. Murder in the first degree isthe killing in a premeditated: malicious manner. Four witnesses had heard defendant threaten to kill Kilcoy—Weeks, Schmidt, James Hanley and Gates. Kilroy had reason to believe Moore would close the shutter at Bilerman’s and to think that he did close them. The officer may have and probably did call him a liar, and he wae justified in doing -it.-When. they got down to the corner Moore applied the vilest epithets to Kilroy. Was that the course of a man in fear of his life. Kilroy goes three times to Moore who defies arrest and continues his vile language. On the third occasion Kilrof says he don’t want to arrest him. Moore says, ‘I will kill you.” Kilroy puts his hands on defendant’s shoulders, leans over to speak to the deaf man and the shooting began, Kilroy fell on his knees against Moore,. Moore fell to his back, sprang up and fired the third shot in his victim’s chin. Kilroy dropped dead, Moore looked uround but saw nobody. Had he seen Bob Gates you know what would have happened. Then he hurries to his cabin: ‘This insane man then packs up his effects and starts armed to the teeth to join his father at Oakland. After twenty-five days he is caught. He proposed to fight his way to Oakland but Veale got the drop on him. Not one word of corroboration of the plea of self defense has the defendant introduced. Moore stands alone against all the other witnesses. On one hand he sees the death penalty, on the other is _perjury. Mr. Power then proceeded to ana‘lyze the testimony of Moore, who he said showed utter recklessness in disputing the combined testimeny of all the others. Kilroy had no cane, such as the defense sought to prove, nor was there a rock or stick on the ground _where the body was found. His pistol and club were in their places. Moore to the Sheriff right after the killing. because he did not know where he lived Yet he says his mind was a blank then F6a.says here he wag knocked down, Kilroy onid in the Martinez jail that, ‘down. Here lid pafter knocking him his mind back a peg,* Wlaukness of man and Morgan, all reliable eit?2rdtold the same story and it contradicts Moore. Tf thé man was insane he could not have acted in self-defense, and vice versa. It was a wanton, cruel, unnecessary killing—a cold-blooded murder. If Moore knew right from wrong he cannot avail himself of the insanity plea. Many of his own witnesses admitted he knew right from wrong. They must prove insanity by a preponderance of evidence,.as we must prove the murder. A reasonable doubt as: ta his sanity does not prove him crazy. They had twelve witnesses as to his insanity; we had double that number as to his sanity. Our witnesses knew and were more or less associated with him in one way or the other. Dr. Hunt not only said Moore is sane, but that his mother was in spite of the elder Moore’s claim, and he is skilled in such matters. Dr. Tickell, another expert on nervous diseases, toldyou a man might have insane relatives and yet be perfectly sane, The ancle and cousin /may have been crazy through their own fault, We have also proven by his writings that he is a clear-headed shrewd fellow. Even if he is partially insane yet knew right from wrong he is not excused. Moral:insanity does not excuse. An irresistible impulse does not excuse--he must keep his passions in control. Eccentricities will not excuse. £ have no fault to find with the old manin claiming his family is insane. We proved he was wrong as to his wife, and might have shown it as to others had we had the time. Mr. Power spoke about fifty minutes. MR. TYRRELL’S ARGUMENT. At 10:55 Mr, Tyrrell began his argument for the defense. In opening he said he felt overwhelmed with the responsibility of his position. He felt his client should be permitted to go free from the city where his delusions told him the whole populace was arrayed against him. The defendant, his ‘father and his attorney have had no friends to come up to and encourage them, to shake them by the hand. A murderer should be punished, but a man who strikes in his own defense should not be punished. For years Moore had believed himself pursued and his life in danger. He believed life in danger when he shot. Malice is the gist of what the prosecution must prove to convict. Manslaughter is committed in a state of heat without malice aforethought. The main question here is as to the condition of Moore’s mind on the morning of the killing The law of self defense is a noble law. Every maii has the right to invoke it. There is much travesty in the name of justice under the plea of insanity. We do not claim he is insane on everything. We have shown the family’s blood is tainted with insanity. I do not say he is not intelligent, that he does not know the difference between right and wrong. I do claim his mind is weak on the subject of being attacked. Because some criminals have escaped on the plea of insanity it is no reason you should hold this man responsible. Wm. Kilroy was a good man, but he had his faults. My duty to my client renders it necessary I should call your attention to them. The prosecution has utterly failed to prove Moore the lawless reuegade they claimed at opening. Gus Schmidt says Moore told him be would puta hole in Kiiroy if-he did not stop following him. Why was Kilroy following him? Why was it not shown that Moore had been doing anything wrong? Kilroy was a city officer and instead’ of. arresting him he hounded and _ persecuted him. Moore told Hanley the same thing a month before. Kilroy laughed ' when told of the threats and, according to Hanley, said Moore was the best friend he had. Yet he kept following Mobre, showing he was either an idiot or fool‘hardy. Robert Walker heard Moore tell Kilroy the same thing, presupposing thut the officer was hounding and dogging him. No man on this’ jury would have done otherwise. Hilerman told Kilroy the shutters were open, and shook the other in Moore’s face and . says his mind became a blank just be-. called Moorea liar. Moore then said . fore the shooting began and it came . again, “Kilroy,if you don’t stop follow. back to him just before he got to the/ing me Til shoot you,” but made no: Martinez jail. Yet he fled because he. demonstration. Eilerman knew Kilroy . thought a mob was after bin; he re-. was wrong, so did Mullen. They knew membered packing up his traps and . Kilroy used fighting language. There took his guns as he suys for self pro-} tection. He says be did not surrender} Moore went down to the corner to., ad geek ‘Kilroy tak ek what Moore said, if in his pat, their: memory is wonderfally ‘fresh as proaeatled: as he thought. Kilroy went back to Moore because he was looking for trouble. Gates heard some one say, “Keep away from me, I don’t want any trouble.” He was reluctant: to admit it, then fle would not say who said it. But Moore said it. It disproves that he had it in for Kilroy. The officer went at Moore the last time ina rage. He was so infuriated his passion got the better of his judgment and he could not bold himself. Moore may have called him hard names, but it did not excuse the violence of the olficer’s assault. The defendant was. justified in doing just what he did when Kilroy took hold of and’ put his thumbs against his throat and choked him. Not till he was being choked to earth did he draw his pistol and use it. Gates. thought. Moore was shot. He knew from Kilroy’s manner that there would be trouble. He could not get Kilroy away. Kilroy t6%,80 worked ap he rushed headlong himseif fot00m and has nobody but weak on the ‘subjeoMoore’s is mind was and when he was being Uae * attacked, he shot to save his own life. “rcere says Moore was very angry but Kilroy was pleasant, whose cousin he was, but could not distinguish one word he said. But Moore, who was never known to speak loud, was plainly heard. That is very partial testimony. Boardman heard a heated argument. One man couldn’t have it. Moore was defying Kilroy: to arrest him. Boardman, as well as Morgan-and Gates, says Kilroy was doing the advancing. He could not hear what Kilroy said either. Yet he was making himself heard by the deaf defendant. Does that look like

fair play ? They didn’t want to hear what Kilroy said because it wouldn’t agree with the prosecution’s theory. How can you account for Moore falling flaton his back if he was not being choked to death and crushed down Any man, sane as he might be, would have done as Moore did. We do not know what. Kilroy intended to do, *. There was but one light-on the square, but the people’s witnesses could see everything or claim they could. Mr. Tyrrell was talking when court at twelve o’clock took a recess till 1:30 AFTERNOON SESSION. At the opening of the afternoon session Mr. Tyrrell resumed his argument, taking up the testimony of Sheriff Getchell and dissected it from ‘his standpoint. Hespoke of the changes made in Moore’s cabin, saying they were only ordinary répairs. A high tribute was paid to “the plucky little Sheriff” (Veale) from Contra Costa county and said the fact that Moore permitted himself to be taken unawares and without resistance was evidence of his insanity. Moore did not “catch Kilroy alone,” as claimed. The tragedy occurred in a public place. Kilroy forced himself on Moore. Moore is pot disputed as to Kilroy shaking his fist in _Moore’s ‘face. Moore says Kilroy got to the corner by Lammon’s and then came back saying “You —— thief, I have a notion to run you in,” This was under the Snell & Fleming awning. Moore’s threat there to kill is . Kilroy was qualified. Kilroy says “you wou’t kill anything,” and started off. Moore made some taunting remarks. Kilroy foolishly went back to him, left afterward, then returns again when Moore says, “You dare not arrest me, I will have you arrested.” Kilroy, pvor foolish fellow, could not stand this and rushed back, grabbing Moore. I believe Kilroy struck him then with his club, as Moore says, then put the club back. Kilroy had his pistol in his hand the first time he went towards Moore. He went overto him thinking to bluff Moore. It was that Moore threatened to have him arrested for. Kilroy was there to keep peace, not to break it, and suppose Moore did call him a dirty Irish pup.--Moore had a right to fire the third shot as well as the others. I have thus far assumed Moore’s mind to be clear, Witnesses have told you he told them 35 years ago people were after him. He was different from other boys. At six he was hurt on the head and was never himself afterward. Doctors tell you continual thinking on one subject breeds insanity. He thought for years that people were after him. Was it the act of a sane man to ring the bell at his mine, then-go up and hoist his load of ore. 8. W. Marsh told you of the funeral that Moore had for his dogs. Moore’s whole life shows he had a weak mind; His fears ripened into delusions. He could feel people after him and he always carried his pistol. Ido not say or believe he is insane, but that he has delusions. If a man of sound mind would have~kilied Kilroy, how much more natural that a deaf, delauded man like Moore should doit.Many witnesses told you there was somethiug wrong with him—many that at times he wus positively insane. He is a proved it. Then Kilroy went to Moore, and when Moore said he left them . open Kilroy put one hand behind him, and his life have not been normal. It only takes little things to affect him and make him lose his senses. Expert . Senne cannot always be relied on. We marshaled the facts. Hugh Mur. chie and Jobu Dyer had trouble with Moore and believe him sane, of course. Moore was sick and demoralized when . reporter Johuson interviewed him at Martinez. Yet there was but a single . discrepancy in his statement. The brighter man than, ordinary, but he} ". None of the witnesses wanted . to bear . ! oe “GONE TO ‘ HE JURY. : ase ‘were well writtet is no evidence of Moore’s ‘sanity or insanity. I am not getting a cent for defending this man, ,}and he has not a friend, but I believe in my heart that he shoald be acquitted and I propose to defend him as though I-were paid a thousand dollars or mofe for it, T.H. Carr and Judge Coughlan believed Moore sane, but they admitted him queer. ‘The fact that Dr. Hunt examined Mrs. Moore once does not prove she was not insane. The statement of Gates himself raises a doubt as to Moore’s responsibility. They have not proven that Moore is depraved or wicked. All they lave shown is that he fired his pistol ata dog. Had Kilroy shot Moore under the same circumstances that Moore shot him, the people would have said all right, for this deaf, onfortunate man has po friend to speak for him. If Kilroy were here today I know -he would say Ope was 00 murder in this case, ‘Mr. Tyrrell closed at 2:30 p.m. with an eloquent appeal to the. jury in behalf of his client whom he depicted’ as an. unfortunate and deluded. man against whom an unthinking priblic clamor had been raised, THE OLOSING TALK. District Attorney Power immediately ed by Ris one argament. He openf th tunities pe ~king of the opportunitie NoWt for a fair trial un+ der: the lant.ot “ifornia. He has every right, every Priviiage, accorded the people. The bonefit of ery doubt is given to the defendant: The defense charges various citizen with testifying falsely, yet none of -then. have any ‘interest in the case. “ Gates did hear what Kilroy said—heard .him . say, “I could arrest you if I wanted to, but Ido not want to. I do not want you to call me those names any more.” Boardman heard Kilroy say that he might have to arrest © Moore. The only fault with officer Kilroy. was that he was too good, too brave, took too many chances with this desperate criminal. Moore was deaf and it was necessary to call in his ear. Kilroy might have walked away, but the people would have censured him. But he did not know what fear was and he stayed to meethis death. The claim The rules of evidence would not perIf Moore -was knocked. senseless Moore who is dead. Kilroy was too considerate. ‘How was Moore compared himself in this community that he has no friends? shadow this man. If his lips could be unsealed today he would tell you that Moore knew he knew too much . mit us-to show why Kilroy followed him, .We have proven the threats of Moore'to kill Kilroy as he did kill him. how did he fire. those’ shots. Moore told. Sheriff Getchell “We were fighting.” It is likely that Kilroy said “Keep away, I don’t want any trouble.” I don’t believe Kilroy was perfectly pleasant the last time he went up. But Gates says there was no force-or choking. If Moore had such a case, why did‘se slow up in passing the men on Commercial street ? Moore himself knew he did not have a case of self defense so he left the country as quickly as possible, All criminals think they are unjustly hounded by ofticers. Out of all the prisoners in San Quentin there is but one man who thinks the law has treated him right. Moodfte’s bearing shows that he thinks hedida smart thing in killing Kilroy and is proud of #. It is tuo bad it is not The trifling differences in the testimony are the. best evidences that the evidence is ‘not concocted. We have told you what Moore said. Ed Moore locked his cabin when He fied to mislead the officers info ‘watching it till daylight. Moore might have called any number of doctors to testify as to his sanity. Is it possible they could not get a doctorin the whole county to say -he is queer. Compare the actions of Burns >and Moore. The prosecation readily proves Burns unfortunate condition. A man [email protected] Pecarty buried a dog in Pine Grove Ceustery and erected a marble shaft over hits Moore is not the only man who ever varied’ a pet dog. He isa morally depraved mua, a A A RE NI ee see that Kilroy took his club, hit Moore then putit in his pocket before being shot isabsurd. Kilroy had a right’ to a * oo nic cn FONTLEROY} BLOUSES ! FOR CHILDREN, From 50 Cents to $2. ® y GRIMES. f TTEROLEALALOLELLALOLLALOLEDLOLLLUI LD Telephone 301. The Latest IN . Wall Paper. Is called the “Ladies’ Wall Paper.” It comes principally in stripes with blended borders and ceiling to match. It is wonderfully rich in its effects and the style is bound to be lasting. Then it is reasonable in price. SEE THOSE desperado, a gun man who expected to eventually kill a man. It does not worry him one bit that he shot Kilroy. The elder Moore’s testimony is inconsistent,but he wants to save his son, which is natural. 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