Plea of Frank Comerford in Defense of Carl E Persons Life Made At Lincoln I

Cover Plea of Frank Comerford in Defense of Carl E Persons Life Made At Lincoln I
Plea of Frank Comerford in Defense of Carl E Persons Life Made At Lincoln I
Frank Comerford
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A coroner's jury was impanelled. The state's attorney, the coroner and the jury held an unusual session. From the hundreds of names of witnesses that they had obtained, they called five to testify. This was to keep Person in the dark as to whom the witnesses were. It was a bottling up of the evidence. The five witnesses called gave no evidence except that Person shot and killed Musser. The shooting and killing of a man is not murder unless it is done with deliberation and with malice. A shootin
...g may be an accident or it may be justi- fiable. Yet without any evidence this coroner's jury verdicted Person murderer and directed that he be held in jail without bail. A grand jury was convened which returned an indictment against the defend- ant charging him with murder. The defendant is not allowed to HISTORY OF THE CARL E. PERSON CASE 35 appear before the grand jury, neither is he allowed to be represented. Its sessions are directed by the state's attorney. The law makes it the duty of the prosecutor and the grand jury to indorse upon the indictment the names of the witnesses upon whose testimony the grand jurors found the indictment.

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