ADDRESS TO THE JURY IN THE MUNN TRIAL.
* The United States vs. Daniel W. Munn, Deputy Supervisor of
Internal Revenue, who was indicted under Section 5440 of the
Revised Statutes of the United States.
There was an unusual rush to obtain admission to the United
States District Courtroom yesterday to listen to the closing
arguments of counsel in the Munn whiskey conspiracy trial
which has attracted so much attention during the past ten
days. The stalwart deputy who guards the entrance to this
judicial precinct was compelled to employ his entire
strength and power of persuasion to keep the eager, anxious
crowd from trespassing on the convenience and dignity of the
court. About ten o'clock the Court took the bench, and Col.
Ingersoll walked into the room, took off a broad-brimmed
felt hat, which gives the barrister, while he has it on,
somewhat the appearance of a full-grown, well-developed
Quaker in good standing in the society to which he belongs.
When he has the hat removed, however, the counsellor's
appearance undergoes a marked change. He then looks like the
crop-haired follower of the house of Montague in the
Shakespearean play. He sat down on a crazy old chair which
threatened every moment to break down beneath his weight,
and listened to the remarks of Judge Doolittle for the
remainder of the morning, until it came his time to talk.
Colonel Ingersoll never troubles himself to take notes of
anything. What he cannot recollect he does not have any use
for.
Judge Doolittle occupied the morning session until the time
for adjournment at one o'clock, with a review of the case on
the side of the defence. He was followed by Mr. Ingersoll in
the afternoon.
At two o' clock the court-room was more crowded than before,
and at that hour Mr. Ingersoll appeared in the forum and
delivered his speech in behalf of the defendant.—The Times,
Chicago, Ills., May 23, 1876.
IF the Court please and the gentlemen of the jury: Out of an abundance of caution and, as it were, an extravagance of prudence, I propose to make a few remarks to you in this case. The evidence has been gone over by my associates, and arguments have been submitted to you which, in my judgment, are perfectly convincing as far as the innocence of this defendant is concerned. I am aware, however, that there is a prejudice against a case of this character. I am aware that there is a prejudice against any man engaged in the manufacture of alcohol. I know there is a prejudice against a case of this kind; and there is a very good reason for it. I believe to a certain degree with the district attorney in this case, who has said that every man who makes whiskey is demoralized. I believe, gentlemen, to a certain degree, it demoralizes those who make it, those who sell it, and those who drink it. I believe from the time it issues from the coiled and poisonous worm of the distillery, until it empties into the hell of crime, dishonor, and death, that it demoralizes everybody that touches it. I do not believe anybody can contemplate the subject without becoming prejudiced against this liquid crime. All we have to do, gentlemen, is to think of the wrecks upon either bank of the stream of death—of the suicides, of the insanity, of the poverty, of the ignorance, of the distress, of the little children tugging at the faded dresses of weeping and despairing wives, asking for bread; of the men of genius it has wrecked; the millions struggling with imaginary serpents produced by this devilish thing. And when you think of the jails, of the almshouses, of the asylums, of the prisons, of the scaffolds upon either bank—I do not wonder that every thoughtful man is prejudiced against the damned stuff called alcohol. And I know that we, to a certain degree, have to fight that prejudice in this case; and so I say, for this reason among others, I deem it proper that I should submit to you, gentlemen, the ideas that occur to my mind upon this subject.
It may be proper for me to say here that I thank you, one and all, for the patience you have shown during this trial. You have patiently heard this testimony; you have patiently given your attention, I believe, to every word that has fallen from the lips of these witnesses, and for one I am grateful to you for it.
Now, gentlemen, understanding that there is this prejudice, knowing at the time the case commenced that it existed, I asked each one of you if there was any prejudice in your minds which in your judgment would prevent your giving a fair and candid verdict in this case, and you all, honestly, I know, replied that there was not. The district attorney, Judge Bangs, stated to you in the opening of this case, for the purpose of preparing your minds for the examination of this testimony, that you must, first of all, divest your minds of sympathy. I do not say that, gentlemen, neither would I say it were I the attorney of the Government of the United States, but I do say this: Divest yourselves of prejudice if you have it, but do not, gentlemen, divest yourselves of sympathy. What is the great distinguishing characteristic of man? What is it that distinguishes you and me from the lower animals—from the beasts? More, I say, than anything else, human sympathy—human sympathy. Were it not for sympathy, gentlemen, the idea of justice never would have entered the human brain. This thing called sympathy is the mother of justice, and although justice has been painted blind, never has she been represented as heartless until so represented by the district attorney in this case. I tell you there is no more sacred, no more holy, and no purer thing than what you and I call sympathy; and the man who is unsympathetic is not a man. Gentlemen, the white breast of the lily is filthy as compared to the human heart perfumed with love and sympathy. I do not want you to divest yourselves of sympathy, neither do I want you to try the case entirely upon sympathy, but I want you sympathetic enough to put yourselves honestly in the place of this defendant. Now, gentlemen, as a matter of fact, this case resolves itself into simply one point; all the rest is nothing; all the rest is the merest fog that can be brushed from the mind with a wave of the hand, and it is all resolved down to simply one point, and that is: Is Jacob Rehin worthy of credit? Has Jacob Rehm told against this defendant a true story?
Now, that is all there is in this case. The other points that they raise, and which I shall allude to before I get through, are valuable only as they cast a certain amount of suspicion upon the defendant, but the real point is, and the attorneys for the Government know it, Is Mr. Jacob Rehm's story worthy of credit? Did he tell the truth? Judge Bangs felt that was the only question, and for that reason, in advance, he defended the reputation of Jacob Rehm for truth and veracity; and he made to the jury this remarkable statement: "The reputation of Jacob Rehm for truth and veracity is good. It spreads all over the city of Chicago like sunlight." That was the statement made by the district attorney of the United States. I do not believe that he would swear to that part of his speech. It was an insult to every person on this jury. It was an insult to this court; it was an insult to the intelligence of every bystander, that the reputation of Jacob Rehm spread like sunlight all over the city of Chicago! My God! what kind of sunlight do you mean? Think of it!
Now, then, gentlemen, he knew it was necessary to defend the character of Mr. Rehm; he knew it was necessary to defend that statement. He knew that the testimony of Mr. Rehm was the only nail upon which the jury could possibly hang a verdict of guilty in this case.