of the accused, the proof fails and the defendant must be acquitted; but if, taking all the facts and circumstances together, you are satisfied beyond a reasonable doubt, from the evidence, that the defendant is guilty of either of the grades of homicide, as explained to you, then no result which may follow from your verdict must deter you from rendering a verdict of guilty.

"If you find the defendant not guilty, you will merely say so. But if you find him guilty, you are required to specify in your verdict of what crime he is guilty. If, therefore, you come to the conclusion that he is guilty, as charged in the indictment, you will say: 'We, the Jury, find the defendant, Thomas McGehean, guilty of murder in the first degree, as charged in the indictment.' If you find him guilty of murder in the second degree, or of manslaughter, you must specify of which crime you find him guilty.

"Gentlemen, I thank you for the constant, earnest and faithful attention you have given to the evidence and arguments which have been submitted to you. You have solemnly sworn to well and truly try the issue between the state and the defendant, and a true verdict to give according to the law and evidence. That you will do so, to the best of your skill and understanding, I entertain no doubt. Take the case, give it a fair, candid and faithful consideration, and return such a verdict as the law and the evidence require at your hands."

COURT-MCGEHEAN REMOVED FROM THE HAMILTON TO THE LEBANON JAIL-IMPOSING DISPLAY-MISTAKE OF THE LADIES -MONTGOMERY COUNTY JAIL BROKEN OPEN - ESCAPE OF PRISONERS-MCGEHEAN REMAINS BEHIND.

R. E. Betty, the man who reported the trial at

MTM

Lebanon for the Cincinnati Commercial, wished to let McGehean's enemies know that he had done as they wished, and by his misrepresentations had set the world against him. Here are some of his infamous comments with regard to Garver's testimony:

"Tom McGehean exhibited considerable anxiety to-day, and took a deeper interest in the case than heretofore. At least his interest was more manifested. He conferred constantly with his counsel, and retired with them for consultation.

Garver's testimony was clear, straightforward and convincing. That, perhaps, is the reason why the defence did not cross-examine him. It had a most withering effect upon McGehean, who has not since then been the same man. It shook him to the center of his being, for

it supplied the frame-work for corroborating testimony of his presence in the gambling hell, before, at the time of, and after the assassination of Myers, as one of the party that went there to effect it.

All the persons in the room at the time have been examined but Peter Schwab, and it will be

see how the defence will act in his case. a great deal.

interesting to

Peter knows

E. B.

McGehean's uncertain manner became more uneasy and marked in its uneasiness, when Garver appeared upon the stand, than when he first saw him in Court, for counsel were confident of having his testimony ruled out, but the second appearance was a finality and a fatality, that further effort on the part of the defence was powerless to control. Hope faded out of the man's anxious face, and he seemed for a time to lose control of its expression, and to droop with a feeling of utter helplessness and despair. A constant effort to rally his spirits was apparent, but it only betrayed his unhappy emotions, and left him a poor, pitiful, condemned wretch, with all the world against him, except the now passive but watchful counsel, who are doing everything that can be done by mortals under the circumstances. E. B.

1

The reader may judge whether or not Garver's tesimony was straightforward and convincing, and also

on

whether he was cross-examined by the defence. Then this reporter, in speaking of Weizer's testimony, said "He was questioned closely as to his movements that night," but did not give his readers the crossexamination of this witness, because that would show his perjury. Then, it will be remembered, that Garver on his cross-examination admitted that he had served a term in the State's prison. Next day it was published that McGehean had been in the State's prison, thus taking the disgrace from Garver's shoulders and placing it upon McGehean's in the same way that the crimes of Thomas Myers had been assigned to him. If Betty's version of Garver's testimony was true, why was it that the latter was not called as a witness at Dayton Then he speaks of McGehean's uneasy manner when Garver took the witness stand. What would cause him to fear when HE KNEW that Garver was going to swear falsely, and was so completely prepared to overthrow his evidence.

In this way the evidence of every witness was mutilated. Any thing that appeared unfavorable to McGehean was published in full, and every thing favorable was either slurred over, contorted or entirely suppressed.

On the second day of McGehean's trial at Lebanon, Ex-Governor McBurney desired the Court to take some action with a view to imposing some restraint upon this

man, E. Betty, the reporter for the Cincinnati Commercial. He said the case was an important one, and it became a matter of some concern that comments by this reporter be withheld. He said to the Court, "I hold a paper in my hand, the Commercial of yesterday, which contains comments on this case which should not be permitted in the future." He added, "That the report could not be read in the hearing of the Jury," though he wished the Judge to read it, handing him the paper. The Judge perused the report and observed that the Court did not claim jurisdiction over the newspapers. He would, however, punish for contempt. The Jury was then given in charge of an officer to be kept together, with instructions to read no reports from newspapers.

In a later issue of the Commercial, Betty attempted to defend his conduct by styling, this "an absurd attempt to clap a stopper on the mouth of the press." The attorneys had no wish to curtail the liberty of the press. Surely, in common justice, it would be only fair to refrain from attempting to direct public feeling against a man while on trial for his life.

While we are writing on the subject of newspaper reports we may as well mention that Peter Schwab, who was not called to testify at Lebanon, in order to keep public feeling against McGelean alive, published his theory of the part the latter played the night Myers