The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-28

Weae Jttore on. appointed to walk with him
q rouI Ih this dreadful tavail OF his lie, as attnu
stnunels Lest The liberty so sacred in the eyes OF
the aw thOu be violated IN the tna OF tins man,
we thaIk you kindly, pentlomen OF the jury, Tor
our attentive, eager 1ste ing, and from the assu.
tances you have thus given we know you Will lol-
Cone with me to this case. Good men and true
staLd heart ana hand together suali not ask Tor
SYM aiLy aud mercy, only Tor jusuoe.
lie is n, ndless homeless, a one. Away from his
Iatve Baden no Is here IN toe dock on rlal for his
ife lie locks TO you, his peers ana he asks you tor
iustca. ask you, by the spirits OF the murdered
dead by tue spirit the little babe that lived in the
sunshine iour weeks ago by the spirts OF - those
foul oeed, do not send his split after their saugn-
tered hves -. ...... .....
law, equal to the best aud puIest III u land. JUS
hce eIcrces him. and casts her protecrng @Gls
about him VINO IS this man he.et-equalt tot o best
and superior to none, and inferior 10 noLe. He's
before YOU, and sIup asks pa ent cam neanng
Let not the outside amor oVerc Oud you minds
Woe shall be the day wUen a verdict sha be forced
from jury by popular Yels and execratons Woe
shal be that day This IS the consecraed temple OF
JUS ce The voice of tue Court will calm those
troubled waves OF dscord, and restore the calm OF
AS [ have said gentlemen, rise not TO defend
murder. This day four weeks ago humble and
gentte family lived and breatheu, IN the ,ower part
OF this city o-day they are gone; tour weeks from
cused of III, If murder. Now the Common wealth
Nh Probst was their murderer. lheY say on the
7th OF April, at O'Clock IN the afternoon, he was
seen in the field working; that next day Mr.. D5ar-
ing was seen in town with Miss DOlan, going to ais
home; that on Thursday following the DodiJs OF
elght were found murdered on the Dearlng farm;
they on to say, by crcumstantlal evidence, that
Mr. ProbsL did the murder.
Now what are The circumstances? They say that
the property CT the Bearings was found The per-
son of Am oine ProOst. he watch, cnaIn, plstos
necktIe ana oth'l things were found. Suppose we
admit they were thus found. But is 1t a just con-
cluslon hat he Old commit that murderr WHAT
proves itI Not the larceny. Was It committed on
thus gives his assumptions But GU cannot try by
these assumptions You mist be guidet only by
the testimony. You have nothing else before YOU.
Nowhe n the testimony you told the murder
was done on saturday You only have the Theory
y 1hS we're seen bSoTs and then nSs sr
Until thursday. But how do you know they
were mm dered on Saturday there is no evidence;
nUDe-none none. 1t would be an outrage to de.
care there If there is any doubt you are bound
By the mercy and justice of he aw to acceptit You
have evidence IN of have you any against
Il at murder being on saturday. Look at the SHIRT,
Wet, wet. wet how came It'll wet on SATURDAY not
dry by thursday If simply wet by persplrat onf fhe
witness identified as the prsoners shirt, out when
erossexamlneo stated that she had never seen any
of his. There IS nothlng to prove it was his. If 'e
left 1t theIe Saturday, put IT to YOU reason
1t would have been completely dry on Thursday. Let
no sopbistry or defamation cloud that undoubted
TACT; take 1t to your room, ponder it, ard If you
reconcile that with reason, justice, and mercy, send
him to the doom empowered to do
He IS poor wait upon the waters Of the world.
His lne Is orth nothing to him. de has n SDe
IN his heart or money in his pocket Give hh y
the scalfod; 1T is nothing VIII ever But doom mA
TIM and day may come of sorrowful peniteut,
suffering retribution. But good men and true, keep
Do not forsake The evidence can never reconcile
that wet nirs with the theory and reasoning of the
Therefore, the evidence of the Commonwealth
points TO the fact the murder not committed tnat
tween breakfast and dinner. BuI that day many
people pass up and down Jones' lane. Then, how
could this awful deed he contemplated TO be done on
that da people murdered, when 80 many spec
tators wyre around hlm IeDaseIng at all times3
won d be caughtS WHAT D6lt VITA 80 many pass
ing and repas ing all the dayY The alarm would
have been spread lar and VIDE IN lev moments
1t against all the acts TO assert the murder was
committed on that day.
Now the fact Is before you that the murder, as to
the time, is not known; therefore the Common
wealth's argument ls only theory Will you, there
fore, argue he committed murder on Dearng be-
aause he wore the neckte because he had these
articles of the Dearing tamlYI Ihe key quetion is
when as this murder committed; when did he get
the goodsS Before the murder or after the murderI
No evidence tells us. Who says he did not beforeS
II you hang him upon that assumption you
men and true, I dec are that he got these
things before the murder and there is no eVid nce
whatever that they were not taken before tn cruel
d,t d was cone. Aud being thus stolen before the
murder, thtr possession by him would prove no
ibiug but a mere larceny. The law merctuly pre-
sumes everything and everybody 10 be innocent
uuu tue Gun IS proven. 1t is against law then to
say then that he did the murder and then took the
go ds, without evidence ray he got them alter
wards Gentlemen lean you otherwise, Y ou have
no ev dence 10 show otherwise You viii swear to
that TACT II you condemn this man by your verdict
| Search thus evidence, snd | ask you to loOx 1t,
scIutinzinRlY and carefully look at It, The Com
mOnWealtn mas NOT estaDlsneu lnCb lactJ ana say
doubt
from the fact that ne had lett tn SO things beAnd
them. My colleague most Iorcibly asked blood!
| What bloodf Why, IN the Armstrong case the
whole case turned upon the point OF the blood inthe
| wagon That CRIMINAL declared II was chicken
bl, cd. The strict ATTORNEY investigated that fact,
and Armstrong lost his life by the decision OF that
| fatal point .
Now you are asked to declare that that blood was
| human blood. There is no testimony whatever to
| tel ou this was human blood.
Now, genIlemen, that the theory or the Com
monWea tn Is that sufficient Now % could d. GVe @
desOlatiOn, shut out from the clamor of this ctY
Put a chord upon your mem ry to sIih5 the past to
| 90 with Probst into remote place, to or0et al
| YOU could on cOnvci ON tins testlmonVl Is lt
clearG Is It pOsitlvet Is IL feyond dOubtr tel
you il is not If you could do that, gentlemen, am
sure YOU co'd never enter the verdict OF guilty IN
| this Court Ounded upon such testimony.
The Commonwealth is incOnsistentwith Itself it is
consistent with Probsts innocence, ana you are
| bound TO take the benefit of that case.
Is 1t probable that Antoine Propst d d this deedr
| Mr. bearing O fulg grown man - Miss Dolan a
| woman-MIs. bearing alIve, and the little children
| skipping near bY-the big boy In the hed-could he
| 90 that deed within sight OF the near co tagep
| is II probable he did do 1t. II he would do itE
| Would lie then lott around and 90 TO the pace
| he Won ID be sure TO be found Ouly Would he seek
pubic haunts and walk out on sunday; walk auy
| where and every wherer Would he have eXnlOited
| such GOODNESS Of manner and spirits after such
| cIue deedH All the actions and surrounding OF this
man repe the idea OF such misdeeds.
| He certainly did not do 1T on SATURDAY., From
| Saturday until Thursday we have had him fully
tracked by the detectives, step by 8 ep Aud now,
| who saws that the murder was not committed on
| Nor day. Oh, ask and wish that 1t would run 20
| ey, ~ fibre of YOUR heart' On WHOM was the
| murder committed If on Monday i was IN the
| sald TO be taFen off on Saturday was ct wet on
| Thursday The shirts was found wet, wet, Wet