J. M. LONGENECKER, STATE'S ATTORNEY.
CHAPTER XXIII.
OPENING FOR THE STATE.—THE EVIDENCE REVIEWED—A MASTERLY ARGUMENT BY STATE'S ATTORNEY LONGENECKER—TRACING THE PLOT FROM ITS INCEPTION TO THE MURDER—AN APPEAL FOR JUSTICE—ARGUMENTS FOR THE DEFENSE—DONAHOE, WING, FOSTER AND FORREST MAKE THEIR FINAL PLEAS FOR THE PRISONERS, AND INGHAM, HYNES AND LONGENECKER CLOSE FOR THE STATE.
State's Attorney Longenecker was on his feet the moment the witness had left the stand. It was apparent that the State was determined to push the remainder of the proceedings with all possible speed. The prisoners looked anxious; the vast audience expectant.
"You may proceed," said Judge McConnell, and clearing his throat, the State's Attorney commenced a memorable address.
He spoke as follows:
"If the Court please, Gentlemen of the Jury, I want to talk to you about this case, about the evidence which you have been hearing from the witnesses. I shall not attempt to talk to any one except you twelve men, because you are now interested in the case and it is your duty to come to a correct conclusion. The responsibility rests upon you after we have done our work. I have no doubt that you twelve men are competent to render such a verdict in this case as will meet the demands of the law. I have no doubt that you are prepared on this evidence to render such a verdict as the evidence warrants you in rendering. Now, I say to you this, that I shall confine myself to the evidence in the case. My associates will attend to the arguments and make the speeches. I want now to express my feeling of gratitude to you for your patience during the hearing of the evidence. It is due to you, gentlemen; it is a sacrifice that you, I hope, will never be called upon to make again. To be taken from your homes and be shut up for weeks and months is no little sacrifice. You have had reason, perhaps, to complain of us; you have had reason to complain because of the slowness of the case; and yet, after all, we felt it our duty to do what we have done. We felt that we could not in any way shorten the proceedings and yet do justice to the case. I hope that none of you will harbor any feeling against any one in this case on account of delays.
"Again, gentlemen, you are twelve men here listening from day to day to the evidence; this case has strung out from day to day and from week to week, until it has become a great case. It has become a noted case to you—a case that you will never forget. It has grown as the days have passed by. Very often jurors, courts and lawyers, when a case grows and there is evidence piling up, forget that it requires some evidence to reach a conclusion, more of it than if it was a small case. Do not be led into this error of determining what you shall do. The evidence of conspiracy is the same for a small offense as it is for a great offense. The evidence of conspiracy to obtain dollars and cents from you or me or any one else must be just as strong, although it only takes two hours to try the case, as if you are trying men for murder. What I am trying to have you understand is this: that because it has been so long and has grown so large, you must not think that it requires more evidence on that account. If the evidence convinces you of the guilt of these men, then it matters not whether there are five men or ten men on trial or only one man. The evidence necessary to convince you beyond a doubt of the guilt of the men on trial should be just as strong as if there were twenty men on trial. The law is always just. It is made to protect the innocent as well as punish the guilty.