The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-04-26

color HlLu the Tin Oo1 carried by HouSer
when he visited their houses the day
before the murder.
THEORY OF THE PROSECUTION.
The theory of tho prosecution, deduced
from the mass OF testimony, and claimed
10 nave been fully proven, may be said in
few words to have been about this: That
the specific plot to rob and murder was
formed IN the peniteatiary; that Houser's
appearance in Cambria county, within a
few miles of Miss Paups, during the latter
part of May, was an exploration of the
neighborhood preparatory to CARRYING into
execution the plot so formed that on the
9th June, Buser and Houser left Allie
gheny city together; that they came to
Cambria county, and that on the 9th
Houser again explored the neighborhood
of the murder; that on the 9TH, the mur-
der was committed by Buser and Houser;
and that on the 9th or 10th, they arrived
IN Allegheny city, ON their return from
the expedition. The failure of the pris-
oners to show, or to attempt to show, where
they were, or to give any account of them
selves for the period comprised between
Monday and Friday of the week of the
murder, was also claimed by the prosecu-
| tlon as presumptive evidence of guilt;
tor 1t was argued, and on high legal au-
thority, that if they were in another
county Gas they alleged) during this time,
they could without difficulty prove the
fact
CIRCUMsTANTIAL EVIDENCE.
1t will be observed that the evidence
against the prisoners was purely presump-
tive or circumstantial. No eye save the
eye of Omniscience behelG the two women
stricken down by the remorseless murder
ers; and to the end of convicting and
Furnishing the guilty, it became necessary
to resort to the establishment of certain
| independent facts, which facts, unexplain-
\ ed and unaecounted for, should form
chain of evidence so strong and conyinc-
ing as to exclude every other hypothesis
save and excepting that of guilt.
Circumstantial evidence is defined by
Wharton as "the presumptive proof, VIXEN
the fact itself is not proven by direct tes-
timony, but is to be inferred from circum-
stances which either necessarily or usually
attend such facts''
Said q. j. Shaw 1.-THE necessity of
resorting to circumstantial evidence
is obvious and absolute. Crimes are se-
cret. Most men conscious of criminal
purposes, and about the execution of
criminal acts, seek the security of secrecy
and darkness. Il is therefore necessary
to use all other modes of evidence besides
that of direct testimony, provided such
proofs may be relied on, as leading to safe
and satisfactory conclusions; and-thanks
to benefcent Providence-the laws of
nature, and the relations of things to each
other, are so linked and combined together
that medium of proof is often furnished
leading to differences and conclusions as
strong as those arising from direct testi-
mony. In case of circumstantial ev-
idence, where no witness can testify di-
rectly-to the fact to be proved, you arrive
at it by series of other facts, which by
experience we have found so associated
with the fact In question, as, in the rela-
tion of cause and effect, that they lead to a
satisfactory and certain conclusion; as
when footprints are discovered after re-
cent snow, it is certain that some animat.
ed being has passed over the snow since it
fell and from the form and number to
the footprints, it can be determined With
equal certainty, whether it was a man, a.
bird or quadruped. Circumstantial eV-
ence and observed facts and condolences,
establishing a connexiou between the
known and proved facts and the facts
sought to be proved"
Said G. j. Gibson :-"Circumstantial
evidence is in the abstract nearly, though
perhaps not altogether, as strong as posi-
tive evidence in the concrete it may be
infinitely stronger. A fact positively
sworn to by a single witness of unblem-
ished character, is not so satisfactorily
proved as fact which is the necessary
consequence of chain of other facts
sworn to by many witnesses of doubtful
credibility."
THE FATAL CHAIN.
Viewed in the aggregate, the indepen-
| dent facts proved, and going to establish
| the guilt Of the accused, formed chain
| from which not a single link was missing.
The expressed plan, purpose and motive
of the prisoners in the penitentiary the
well attested presence and conduct of ono
of them n the near neighborhood of the
scene of the tragedy the latter part of
May; the disappearance of both from their
boarding house on the 9Th June, carrying
with them a tin-box filled with cupping
and leeching instruments, and a black
carpet-bag; the temperance of Houser
in the neighborhood of the scene of :he
tragedy the day before the murder, having
with him a tin box purporting to contain
cupping and leeching apparatus; the
presence of two strange, suspicious-lookin
| men near Summerhili on the evening
1ba uourdor uhn xuora ooipo, fOvwar