Billy Oswald is on trial for the “murder” of Patrick McWeeney. Both the prosecution & defense have given their closing arguments. What will be the jury’s decision?
The Devils Lake Inter-Ocean newspaper continues this story on page 4, column 5. (All of page 1 covers the trial.)
CLOSING THE CASE.
Col. Werner closed the case for the prosecution. Counsel was glad the case was near an end. The reputation and peace of the community are at stake in this case, and this is to be considered before the welfare of Bill Oswald. It was a duty to proceed with this case. Counsel did not propose to go into theory; he would give facts. The case had been tried upon facts. Council here hinted at some secrets in the case which counsel on the other side would dare not bring to light, and continuing said that when killing is proven the intent follows. Counsel then went into the history of the case. Oswald was in a peaceable community with a huge hunting knife and a murderous revolver. His friends tried to take them away because they knew he had murder in his heart. Cowan had jerked him on the floor, and this had riled him. The revenge within him is seen in the shot fired within a foot of Davie’s head. His friends then tried to take away his gun; he then announced that he would “ turn himself loose.” Counsel would willingly try this case upon the testimony of the defendant alone. Was surprised that Mr. Erwin did not make a better witness of his client. The prisoner did not even swear he was in great bodily danger. When the body of McWeeney fell in the corner Oswald did not express a word of regret. He asked for another gun, but Boeing knowing his disposition refused to give him one. He then asked Taylor for a gun. His next act was to fly to that den of iniquity south of the track where he rearmed himself. He expected the swift justice characteristic of a new country. If he is turned loose upon the community there will be many others die in his hands if his future life is to be judged by his past. On the question of premeditation counsel said there could be no doubt on that score. It is not self-defense for a man to thrash another in the face with a pistol and if the assaulted party resent the injury and insult with his fist he is shot down. Regarding the wound, counsel said if the jury didn’t believe that the ball passed through McWeeney’s heart it would be because they had made up their minds to believe otherwise and he would not attempt to change that opinion. It was no less a disgrace if a community of civilized people were to shield a man who had used an epithet for which he (counsel) or the jury would have shot him down. Talk of me as you please, but keep your foul tongues off my wife or mother. Counsel then referred to the characteristic of the Irish to use their fists instead of weapons in resenting an insult. McWeeney was unarmed while Oswald was a “walking arsenal” ready to shoot down any man who declined to take his vile epitets. Nor was Oswald too drunk to be irresponsible. His remembrance of the affray was remarkably clear. Counsel stated that the body was taken up at the instance and by the permission of Mrs. McWeeney. It was done to clear up the mystery that the defense had attempted to throw about the case. First the defense had endeavored to show that the ball passed into the breast and out the back. This exhumation showed both balls were in the body, and that one has passed through the heart; death was instantaneous. Heart disease made no hold in the heart such as was found in McWeeney’s heart. It was impossible to theorize upon the course of pistol balls, and the introduction of medical testimony for the purpose of setting up a theory only showed the weakness of the defense and proved the heinous character of the crime. The best of physicians had long since decided that the course of a pistol ball was exceedingly uncertain. A bullet went whizzing and spinning through the air and its course depended entirely upon the angle at which it entered the target and the resistance of the target itself. Medical men had never solved the problem and they never would.
THE CHARGE.
Col. Warner closed his argument at 11:30, whereupon Judge McConnell charged the jury, occupying just an hour. The charge was a very strong one, fully reciting and explaining the law relative to murder and manslaughter, the jury and audience listening with intense interest. At the close of the charge the jury bailiffs were sworn and the twelve men “freighted with so precious a thing as a human life” retired. The judge informed them that he would remain up during the night to receive any communication they might make.
MANSLAUGHTER IN THE FIRST DEGREE.
After being out for thirty hours the jury came into court at 6 o’clock yesterday morning with a verdict of manslaughter in the first degree. The jury was then discharged.
At 9 o’clock court reconvened. Mr. Erwin gave notice in arrest of judgment and motion for a new trial, and asked time to prepare the proposed case and for the territory to make its amendments. Counsel moved to make the day of the return July 12 at 5 p.m.
District Attorney Morgan replied that the request seemed reasonable and he would make no objection.
Judge McConnell spoke briefly of the amount of business that had been pressed into so short a space of time. He said there being nothing between possibly a life sentence and a possible error in the proceedings, it was right that the prisoner should have time to present his case to the supreme court. He said if the motion for a new trial was denied --which in all probability it would be--sentence would then (July 12 at 5 p.m.) be pronounced. The court then adjourned until that date.
REMOVED TO GRAND FORKS.
By consent of counsel, Oswald will be taken to Grand Forks this morning. The reason for this is that our jail facilities are limited, and the lock upon the cells is of such a character that in case of fire there might be danger to the prisoner before the bolts could be drawn. There are other sufficient reasons which influenced all parties concerned to make the change. The prisoner, his father and mother and Mr. Erwin go east this morning.
Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]), 08 May 1886. Chronicling America: Historic American Newspapers. Lib. of Congress. <http://chroniclingamerica.loc.gov/lccn/sn88076514/1886-05-08/ed-1/seq-4/>
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