The Harrison Trial.
The Harrison Trial.

The Harrison Trial.
______

    We have been a constant attendant on the trial of this case, before his Honor, Judge SLAUGHTER, and have reported the evidence from day to day as fully and correctly as the circumstances would permit. It has been our aim to convey to the public a truthful report of all that was brought out by the witnesses, bearing upon the case, and to avoid with scrupulous care any thing like a prejudiced or partial coloring to our report. We believe in this attempt we have been entirely successful. The counsel on both sides have spoken in terms of approval of our report, and with that we are content. We were anxious that the Jury, and the public generally, should pass upon the guilt or innocence of CHARLES HARRISON, without prejudice or bias, and for this reason we have not referred to the case editorially in any manner other than a plain statement of the facts connected with the affray on Sunday night, as they were communicated to us by an eye-witness.
    Our notes were brought down yesterday to the close of the evidence, and the commencement of the arguments of counsel.
    J. E. Dalliba, Esq., City Attorney, made a short speech to the Jury, and laid down to them the law bearing on the case. He said he would not go into lengthy argument at that time, but would waive his privilege and allow the defense to take the initiative in summing up.
    He was followed by J. Bright Smith, Esq., who reviewed the evidence in the case in a clear, logical and masterly manner, and cited authorities to sustain the positions assumed by the defense. His speech was listened to with much interest by all present, and without doubt had its due weight with the Jury. Mr. Smith is a pleasant speaker, and as an advocate will doubtless secure a respectable position at the bar of this region.
    Judge Purkins followed in a lengthy and impassioned appeal to the Jury, full of brilliant metaphors and eloquent passages; firmly protesting the innocence of his client, and claiming for him full justification for the act he had committed. The accused could not reasonably accuse Judge Purkins with any lack of zeal and earnestness in the cause he had espoused. His reasoning was cogent, intelligent and well connected, and his speech, like that of his colleague, produced at times sensation, and half restrained applause.
    Judge Bennet was charged with the important duty of closing for the defense. His effort was a highly creditable one and throughout its delivery the throng preserved a breathless silence and gave the speaker their profound attention. Whatever may be said of the merits of this case, no one could doubt the sincerity and earnestness with which Judge Bennett enlisted in defense of the prisoner.
    The closing argument was made by City Attorney J. E. Dalliba. Although opposed by the best legal talent of the city, Mr. Dalliba fought them at every point, and in a clear, lucid manner, pointed out to the Jury their duty not only to the prisoner, but the community whom they represented. We were compelled to leave the court-room before the conclusion of his remarks but are informed that his effort was a highly creditable one.
    Judge Slaughter delivered his charge to the Jury, and they retired for consultation last evening about six o'clock. They remained out all last night, and this morning sent word that they were unable to agree upon a verdict, and that further attempts in that direction were useless. They were accordingly discharged. Some discussion ensued between counsel as to the course now to be pursued. Prisoner's counsel asked for another trial; but the Prosecuting Attorney stated, that in view of the difficulties which would inevitably be encountered in procuring a new Jury; the time and expense necessarily involved in a new trial; together with the fact that publicity had been given to the evidence through the newspapers, he would abandon the case. Judge Slaughter then discharged the prisoner.
    We have neither time nor space for further comment to-day.


Source:

Unknown, "The Harrison Trial," Daily Rocky Mountain News, Denver, J.T., Saturday, 8 December, 1860, page 2.

Created October 31, 2006; Revised October 31, 2006
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