Duncan J McArthur

Newspaper Date : 7/26/1889 12:00:00 AM
Volume : 13
Number : 17
Page : 1
Column : 3
Newspaper : Review
Description : Duncan McArthur goes free.
Transcription : McARTHUR GOES FREE. Convicted By a Jury of Assault. Judge Simpson Suspends Sentence, and he is released on his Own Recognizance. After a confinement of nine months in the county jail Duncan J. McArthur was once more allowed to "breathe the free air of heaven," a privilege for which his attorney so eloquently plead for one hour. The prisoner, looking haggard and pale, in striking contrast with his bloated and fierce appearance when arrested in October, was brought into court Thursday afternoon by Sheriff McDonald and given a seat behind his attorney, W. E. Depew, and in a position where the jury could scan every lineament of his countenance. He glanced furtively about the court room in quest of familiar countenances, but with that stubbornness and indifference which have characterized him during the latter years of his life, he did not exchange recognition with anyone. His hair was long and unkempt, there was a wild and restless look in his roving black eyes. Some attributed it to a disordered mind, actual or feigned; others believed that it was an outward evidence of a tumult of passions that were struggling for expression. Certain it was that in the prisoner at the bar was presented a pitiable contrast with the bright and manly young fellow who five years could lay valid claim to a warm place in the heart of nearly every citizen of the township of Alcona. The prisoner was a mere shadow of his former self, morally if not physically. Five years of continued debauchery had left their indelible traces on a once handsome countenance, and his friends beheld in him the wreck, the shadow, of the man of their recollection. In the information he was charged with assault with intent to commit murder. The crime for which he was arrested was alleged to have been committed at his home in Alcona township on the 13 day of October, 1888. McArthur had been at Black River all day and in the afternoon his hired man, Fred Turner, drove to the River for the purpose of bringing him home. It was not until 11 o'clock that they reached the farm house where his wife and children, five in number were awaiting the return of the once loving husband and father. His wife admitted him to the sitting room. He caught hold of her arm and from the testimony of herself and two of their children, with an oath he said that he was going kill her, and that her life blood would mingle with that of Fred Turner, whom he said he also intended to kill. He attempted to force her into an adjoining room but she was frightened and when he put his hand in his hip pocket with the evident intention of drawing a revolver, she broke away and fled from the house. He followed her to the door and when she disappeared in the darkness he discharged his revolver several times, although it did not appear from any testimony that was offered that he fired at his wife. His son, Willie, saw him fire one shot into the floor, and he also testified that his father fired one shot into the barn where he supposed his wife had taken refuge, but on cross-examination it was shown that he did not see him shoot in that direction. The evidence was all of this uncertain character. All the testimony went to show positively that he had threatened to kill his wife, but there was nothing offered in evidence that could show that he had actually attempted to carry his threats into execution. He was undoubtedly intoxicated on the night and his threat were perhaps nothing more that the idle threats of a debauchee. McArthur was arrested on the following day and brought at once to Harrisville. He appeared before Justice Beede and waiving examination he was bound over to the circuit court in the sum of $1000 bail, in default of which he has been confined in the county jail ever since. He case has been set for trial at former terms of court, but the prisoner refused to employ counsel to defend him. He appeared at the April term with out council and gave such unsatisfactory reasons for his seeming neglect that Judge Simpson assigned C.R. Henry to the defense. The latter begged off at this session and the defense of the prisoner then devolved upon W.E. Depew, who assumed charge of it without any previous knowledge of the facts and with barely a moment's time for preparation. The defense was ably conducted and McArthur owes his liberty in no small measure to the shrewdness and sagacity of his counsel. Judge Simpson suspended sentence on the verdict of the jury for assault and released McArthur on his own recognizance to appear at the next term of court to give a good account of his conduct. McArthur brought down the house by shoving his recognizance unsigned into his pocket. He was allowed to depart with it.