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

II deed for that he is lrial IL is true ne
day of ir al o say one kind word to him; but he
here, where our avs and inst tutor bid h m come,
10 cone t. q land OF HberN from lis Owl country,
he appreciates this country Tor which he fought
Mr. wlRh has luo ed eioquently 70 the iactthat
tie dshed OF the army did not use hum to scenes
of murt er but gent emcn there It is no such hing
j can him in tie army, striving the side OF
lie rights can see HIM there in the ranks; but that
Were this tlial for larceny. the Commonwealth
mght have some argument. From the facl that
~ 0ds have been found with this man, that might
iuIhish case of tria for larceny alone
On Friday the prisoner was paid ten do lars by
witrOss ste', between 2 AID O'Clock, he 50 him
at tie laRer ice sRocn. Another witness, tue bog,
three hundred or tour hundre1 Yards away DO
not, however desire 10 licK ont discrepancies, but
20 n eet the Commonwoalth's case
he question Is-Dldrhs man commit this murderg
Atlor trlCay, o'clock, Saturday night betAeen
w ~ esSSv amd V Wed, SgSh esday And WSen
IS tLis murqer commttedY Saturday. Sundav,
oIday, TUESDAY, "Wednesday, whenE Inc COM
L. wealth, by iDiereDco-theory alone-are Trying
e IS seen al these DAYS in Front street. either at
1t ekleldt or MoOros; mOrnng, terpOOn, tyen-
int. Up TO tms time, geIIlemen, tins murder had
no been heard OF, until the following Thursday
d d the authorities know OF 1t.
Now, gent emen OF the jury, we are not to split
has OH the o. esio OF mans hfe We are not to
try by II cory but by evidence. Look those eIgnt
dcau b. dies and say II one man could have done
lat-kllled thtm. II is n the dark, and to get out
theory att empting 10 account ior that. submit,
geDu Ten. theOr ts won do; 1t must be facts sub
mi ted to you'll eight people murdefedland ali Dy one
man,
AXE the condition of the place; look at tle
Clothes upon them; you can see If one man done It
anu took The bodies from the yard, or where they
were XII ed there would le evidences OF tho drag
gnp through the mud. There sno evidence OF that
ON the wOman's frOck to show that dragging across
that oft DIRT the barn. That fact would have APP
peareO but 1t did not. The sharp eye OF the detec
tive all else but not that. But the bodies
there IN the barn, fir from q mud whatever. Now
could one man ha'e put them thereE do you think
that pOssib TO bP done? He might have taken the
aCulGs by the shoulders and let tue shoes drag on
the ground and lie covered with mud. But they are
free from al DIRT, and that convinces me two people
| must have carried the bodies into the barn.
The prisoner was arrested on Thursday night, at
the Market sueer bridge; he is taken to the Sixth
! Ward station House. The Mayor as offered large
| reward and a over, not only this city, but the
country all the police officers are at work searching
Now, gent empn, the prisoner at tie bar, Antoine
Probst, lived wIh Mr.. Dearing; we do not deny
that. he left Mr.. bearings house on Friday, as |
have told you, with $40 Mr.. Dear ng gave h m. rhe
CommonN ca tn sa', we have found, through the
detectives, carpet-eag, gold and silver watch, and
two pIs OILS, arge and small. We prove he lett them
| on Saturday night at house. VINO knows the
| murder was committed on Saturday niehtY The
wIole family mis hit have been all well on Saturday
night. They might try hm Tor larceny ON that evI.
dence, but not for murder.
| Now, gentlemen, let me ask you to bear in mind
at that time, on Saturday nIeht. when the prisoner
cit that carr et-bag we do not know II Mr.. Dearl
murde ed No iivino witness can say. If a man
c, mmlts CEN, and somebody seps in and COM
mis- murder, shall that prove tnat mat man COM
NUT a mur der =? Remember the carpet-bag
leil sn Saturday night; on the next Thursday shirt
is found at Mr.. pearmgs home yet wet with per-
splrauon WET. WET, gentlemen was the word he
used If u person had taken off ais shrt on Satur
| day wonld 1t be yet wet on nursdayY Gentlemen
OF the jury. can you presume thatE therefore,
gent emen, say this man may have had these goods
| long be ore the murder waa done or thought of.
| The Common wealth has shown two axes, and both
| OF them bluddIed. Think of that, Wou d one man
| want two axesj He coud not use an axe in each
| hand Nhy should both axet be Dloodied
|
| bloody deed :-rhey say the pris 'ner's pants
iou nd upstairs under the bed, with ood on ca e.
fu ly rolled np that was the usual place he had to
put his clothes, having no bureau Is there anything
strange about that they were rolled up. and blood
| The commonwealth have never lrOVed thar.
Could this so coo and deliberate IN, as the Com.
up, in his own room under his own oed; he might
have washed them at the well, and burnt them. He
is legitimate question. Are you 10 assume ony Tor
the commonwealth trust not
his family al home Their hearts and their hopes are
with him. Little does his aged father and mother
think he is in the bar being tried for murder GIVE
hIm Justice Do not he swayed by the tumntuOus
crowd who sway round the Court house to tear
| man to pieces whether guilty or innocent. can
imagine Ihe fee lngs that sway them impulsvely.
| But We are hei 20 try HIM in court of Justice
We 20 not know what kind blood that was on
the pants We have as much right to believe 1t Of
II IS true the tTinkets wero taken from the house;
na S but Ssr no
are heyS The prisoner has had very little money;
he has sold watch, offered TO sell a revolver could
| not loan an old comrade 75 cents.
| Again, the prisoner remained about the city He
did not attem to fee; as do all murdereTs. No
attempt to I Ike flight. He remained where he had
| been known for eighteen mouths back and does not
| nv Tor safety BE fees that he mas committed lar
ceny. The Commonwealth might prove that They
have case Tor that, admit. He does not then,
wish TO re urn to Mr.. Bearings He has the watch
OF Mr. Dearing, indeed, but does that prove
Ihe Commonwealth has the case all fixed. They
tell yOu who, first second third, etc were all killed.
| My learn ed friend Mr. DWIGHT, tells you where even
Mrs. DeainR was kill d. But theV can give the only
| argument against Mr.. Probst that his pants have
| blood on th, m, and have been rolled up and put
| under his own bed In ms own room. A man who
| comm T. murder uoes not do that sort OF thing
man wshes To- get nd OF the damned spoti he does
| not take II 20 hls own room and leave It there.
| Both OF those axes had been used One left by the
| ktchen.dOOr and the other in the ditch. do think
| you will say, gentlemen, that man would not be
apt 60 throw away the smai. axe ana then take the
larger axe, the heavier one, more dcult 10 use et
the Commonwea IN say he used the small one first,
But what is the evidenceY Purely circumstantial
Son etin es ciTcumstantal evidence IS better than
witnesses; but facts stubborn things, and in a
criminal court we cannot thus decide upon mans
hfe We are, however, called upon TO presume all
this by the Common ealth, Ian you do thlsr Can
YOU take away another's life to follow the eight who
have gone teiorel
Even in a case where mans liberty is concerned,
conscientious men must pause But where man's
liI Is concerned YOU must ia 'hfuy pause consider
and magnify the doubt into almost a TACT.
Gent emen OF the jury, / have briefly gone over
this case, and in few moments will Weld to my
very able COLLEAGUE But have endeaYored 10 show
the commonwealth must prove nrst, murder;
second, deliberate, premedItated, wlltuI murderj
| tmd, that The prisoner a. the bar di1 It,
Yeu are TO say, gentlemen whether this man did
the muroer. out are TO say beyond all doubt that
this man did the deed II YOU doubt the Court will
tel you you must him the benefit OF that doubt
You are si,tnR here as this mans neeTs. Oh 90