The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1865-02-10
w HOLE NO.7S7

bim.) looked at the entry on the book
about a week ago. l wrote II back on the
slate again first saw McElroy about a
year ago. I can read on the slate, but not
on The book. was not told before cane
here that was wanted to prove that it was
on the 4tb of April. (Pen and ink hero
banded tho witness to write vitb) y
VIM. Petit sworn.--Am o confcctiouer
IN Woodstock. On tho evening of either
Monday or Tuesday, the 4th or 9th of April
last, little after nine o'clock, the prisoner ,
whom I know.) came into my shop, and
said he was hard up for money. l told him
| bad just been making q payment. aud rad
uot much left. but gave him S2 so. The
payment bad been making was made on
the I'd Of April. and was for wood. II was
JUST day or two after that, not more than
three or four anyway. when prisoner called
on me. 1t was either Monday or Tuesday.
had on different occasions lent him money.
and he always paid it back. I told him no
might perhaps got some more money as
Dawson's. NV place is on the way between
Dawson's and Rico's. Ho had goggles on
then. l afterwards saw him at Albany, in
June. He looked bad tbeu-bis eyes we're
very bad. and ho was so changed l would
scarcely have known him, he looked very
bad every way.
Alexander W. Berry tworn.--To Mr.. o.
Reilly i am cutter in the establishment of
Parker Hood, in Woodstock ; know The
prisoner on the 9Th of April last he came
into our shop, and took his measure .or
coat; made the remark then that the
dye off bis whiskcrs was spelling :hc collar
OF his shirt, il was so stained told him he
should buy another; tho shirt collar was
clean behind, but badly stained in front; he
lad glasses on. and his eyes we're inflamed
and running the coat measured him for
was to be $50, and be said 1t was cheap
enough.
To Mr. Spohn-Can't cav If he bad been
at the barber,s just before be came into our
shop that morning he said be was then
going west; he vas back again in nearly Q
week afterwards.
This closed tho case for tho defenso.-
Mr.. Miller then rose and delivered bis ad.
dress TO the jury in behalf of the prisoner.
One of Ihe points on which be laid much
stress was the total want of what We may
call the materi lities of crcumstsntial evil
dence in this case. There was. he said,
nothing in this, as in SO many other cases,
in which the finding of a weapon, Of stolen
property, tracing such to the possession of
party accused. &c., aids in bringing home
the charge of guilt. He said that no man
of bad character could have borrowed and
got trusted as this man seems TO have done,
always until now being puDctuai in paying
back. At the close of Mr.. Miller's address,
| some applause was manifested in the back
part OF the Courtroom, but was irmedi.
ately checked.
Mr.. O'Reilly tton followed with a very
clear aud logical sta ement of tho case on
behalf of the Grown. He stated the theory
OK the prosecution to be, that the prisoner
had arrived in Hamilton from Toronto on
Monday afternoon, had been hero that
night and next day. (Tuesday.) on which
last mentioned day be had borrowed the
two dollars from Capt. Knox-and that his
going to Woodstock was really on Tuesday
evening, and not on Monday. It was sin
gular that when first arrested he spoke Of
being in Toronto on the 4th and 5th, but
said nothing about Woodstock.
After very careful summing up of the
whole of the evidence by the Judge, the
jury retired littlo after half past eleven to
| consider their verdict.
After baving been out half an hour, the
jury returned into Court with verdict of
Guilty" In the rendering of the verdic,
by the jury, and the receiving thereof by
the Court, the jury I'm accordance with
demand made by counsel for the prisoner1
were "polled. that is to say. they we're for
mally asked one by one if they coucurred
in the verdict. The result was a dacIara-
tion from each ose individua Of assent to
The verdict of guilty" which was forthwith
recorded.