malice, there was no opportunity to be cruel except as death is cruel,—and death is cruel.
There was absolutely no purpose in it all, no reason in it all, and no motive for it all.
Now, let me see whether I am right or not.
I mean to argue this thoroughly, and it seems to me that there is no chance for a court to hesitate upon the facts in this case.
I want to try to do it honestly and plainly, and without any attempt at frills or oratory; to state the facts of this case just as the facts exist, and nothing else.
What does the State say about it?
In order to make this the most cruel thing that ever happened, of course they must have a motive. And what, do they say, was the motive?
Your Honor, if there was ever anything so foolish, so utterly futile as the motive claimed in this case, then I have never listened to it.
What did Tom Marshall say?
What did Joe Savage say? "The motive was to get ten thousand dollars," say they.
These two boys, neither one of whom needed a cent, scions of wealthy people, killed this little inoffensive boy to get ten thousand dollars?
First let us call your attention to the opening statement of Judge Crowe, where we heard for the first time the full details of this homicide after a plea of guilty.
All right. He said these two young men were heavy gamblers, and they needed the money to pay gambling debts,—or on account of gambling.
Now, your Honor, he said this was atrocious, most atrocious, and they did it to get the money because they were gamblers and needed it to pay gambling debts.
