American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-03-13

guilty, when too it is said, he bore the eviden
ces Of guilt about his person-having, it is al
legged, the watch of the deceased.
The interchange of keys, as found in the
trunks, could never have been done by the pr
soner. The trunk of Roux was under the i'm
mediate supervision of Nolan, with the excep
ton of about ten minutes, during the whole
time Of its stay in the bar-room; and the trunl
of McCurry was in the bed chamber of Nolan
the door Of the room locked, and the trunk un.
fastened
In reference to the axe, it was alleged tt
have been the instrument used in committing
the supposed murder; it was a little strange
he should have left it where it might be found
There was no evidence to prove that prisoner
knew where the axe was kept, OF that it hat
been used in INJECTING the wound upon the
head. 1t was in proof that the skin of the
head was nnbroken, and that the jury of in.
quest would not have imagined it to have been
done by an axe, had not one been found in the
room.
AS matter Of theory, he contended that as
there was a room Immediately in front of the
one in which the deceased was found, in which
there were four beds; the conversation heard as
they were passing up stairs, on Sunday night,
sleep III. Roux may have gone TO the other
room, and McCury to his own. The bed us,l-
ally occupied by McCuffy, when the corpse
was discovered, presented the appearance Of
having been unoccupied There was no proof
that the murder was committed on Sunday
night. 1t may have been done on Monday,
and the body conveyed to the chamber and
bed where it was found. And no man was
To 1,, ba al N
himself lie should not make the charge, but
considered it fair inference. 1t was in proof,
in reference to the watch, that when McCurry
was at the cars, to take his departure, he re-
marked have left bundle, containing watch
es, and Nolan went to the tavern and brought
it to him. (Mr. Richardson, here interposed
in reference to any such testimony; when MIR.
Gill was again called to the stand, and affirm
ed the evidence)
The finding ola breastpin mathematical of de-
grees in Odd-folowship, was no proof of its
having been tho property of Roux, for there
was no proof of his having been an Odd Eel
Iowa certificate of membership, found in his
trunk was no evidence that he was SO. The
shirts and coat, found in possession of prisoner
when arrested, supposed to have been Roux's,
from their size, if they were taken from the
could not get coat of the deceascd's in his
trunk from its being so full at the time of the
holding the inquest.
Mr.. Richardson here asked permission to al
lude to the matter of the watches alleged to
have been handed McCurry, by Nolan, as he
was about leaving. He called officer A. G..
Ridgely to the stand, who stated, he had ne
elected to state yesterday, it having escaped his
hot ,t Jff l,,rr,
there were two silver watches found in his
Nolan, with request that he would sell them
for him.
Mr.. Harris, was satisfied with the explana-
ton. 1t did not alter the fact; and it having
been shown that Nolan had given watches to
McCurry, when about to leave, he cared not
whether McCurry chose to use gold watch in
preference to a silver one. He referred to the
circumstances of arrest of the alleged effort to
commit suicide, and of his taking passage for
Europe all of which was mere circumstantial
evidence. AS were all the circumstances at
tending this case
1t was the province of the jury to determine
the degree of the crime, should they believe
that the Accused stood in any way connected
with the alleged murder. There was no proof
in the case that there could have been any in
ducement on the part Of McCurry TO commit
the deed, for circumstances Indicated that Roux
was poor man, as lie inquired for a cheap
boarding house, SC Cases were read from the
books, of persons having been wrongfully exc
cuted upon circunstantial evidence, and COM
mentcd upon; drawing the distinction between
circumstantial evidence and positive proof
And, contending that the testimony in this case
being entirely circumstantial, the jury must be
satisfied beyond the shadow of a doubt, as to the
of the murder by the accused, or
else they must, giving the benefit of all doubts
to the prisoner, acquit him.
Further, if the Jury believe the prisoner was
associated with Others in the deed, they cannot
find him guilty under the indictment of murder
in tho first degree. Believing that the theories
he had attempted to establish were fully sus-
tanned by the circumstances of the case, he felt
the strongest confidence in the discretion and
integrity Of the jury, IN giving back to society
and life the person accused of the highest crime
known to the laws and to human nature. May
God help you to give righteous Judgment.
Mr.. H. occupied about three hours and half
in his argument-of which we have attempted
an outine-and to say it was characterized
toCL, Wcli idStSi Piou-
sible theory; chasteness of language, and
excellent delivery, wonId convey but meagrc
idea to the reader, ii the ability of Mr.. II. as
a lawyer, and mis- Claims to be ranked among
the first of his profession.
AT the suggestion OF the jury, Mr.. Gill was
again called to the stand, and repeated the tes-
timony of McCurry remarking TO Nolan that
he had forgotten the watches; Nolan went
back and brought them; handed them TO Gill,
aud he gave them to McCurry, who had got
into the cars; they were in paper; the bundle
was small; did not see the watches; had seen
McCurry wearing gold watch.
Mr. Richardson then called other witnesses
10 the stand.
Mr. Nolan, sworn. While at the cars, tall
ng leave of McCurry, remembered and remark
ed to him that he had left the watches behind;
at his request, went for and brought them to