The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-04

up there moving about among the neighbors
was to know him and TO remember him forever,
Not know him Why, gentlemen, they knew
him well; and, more than that, when this LADY
tAlice Holden) cav him going in the alley, and
when the other woman bridget McSOrley) saw
HIM going in or up the alley, they saw nothing
in thIs mans appearance which, in any way,
shape, or form, indicated that he had blood
upon him.. Now, mark you, he was seen TO 90
IN to1odrds hot house in his usual way,
walking along calmly and quietly, With
no stain Of blood upon his clothes
no crimson spots upon his coat; for, mark you
when he turned into that alley and walk ed up
it woman stood and looked up after him; and
/ ask you whether, If the right side of his coat
had been dTahbled and STAINED, that woman
would not have seen it. She tells you there was
nothing about him to attract her attention.
Now, gentlemen, | have said that If IL we're
known that treasure was in certain house,
and man was seen to go in towards that house
and was afterwards seen close By II and g0inq
from IL with that treasure in his possession, you
would say at once that he had been IN that house,
and would so say simply because of the fact Of
his having the treasure. Gentlemen, you can
not too highly estimate the Importance of this
part of the testimony. And regret exceedingly
that you have not had the opportunity of look
ing at the situation of the premises at the back
part of that house. This plan does not give you
an idea of it. You see an alley and house, but
you get no proper idea of propinquity, and can
not see how close the places spoken of by the
witnesses are to each other. The fourteen
feet' house up that court would not be as big as
the space in which you are sitting, gentlemen,
somewhat fair idea of the place will here
allude to II as if
Mr.Worrall (iuterrupting)- have accepted
this plan.
The District Attorney-And have made it
the basis OF my present remarks.
trust may not be misunderstood, gentle
men. have assumed that plan as the basis of
my calculations here, and by the dimensions Of
that plan, and the plan itself, l hope to be
enabled to give you more correct understand
ing OF the premises.
Now, this plan states that the house on Button
wood street is thirty feet.
MI. Worrall-No, sir, nineteen-not quite nine
teen feet
The District Attorney-I know what say,
and mean what / say.
MIR. Worrall-There is the number, sir Gndi-
catng) nineteen feet.
The District Attorney-I am not speaking of
width but of length,
Mr.. Worral-I am not speaking of width
The District Attorney-I am not ana you
should not
Mr.. Worrall-You are only misstating the
facts.
The District Attorney addressing the iury):-
am not misstating the facts, gentlemen; / am
only endeavorng TO assist you in forming an
idea as to bow far the prisoner was from Mrs.
Miller's gate when he turned the angle of that
court, that is all. And probably will escape
this criticism or this wisest censure il take the
plan in my hand, so that the counsel, whom
am not addressing, will understand as we'll as
yourselves whom am addressing, the meaning
of what say. Far be it from me, when mans
life is al stake, to make the slightest Intentional
Misrepresentation. From the front to the rear
OF Mnlers house fronting on Buttonwood street
(referrng to the plan on paper) is thirty feet; at
the rear of the yard of the house is this gate
me prisoner was seen to turn this angle and
disappear. He was then within twentyeight
feet of Mrs. Miler's gate. Now, gentIemen,
when he disappeared at this point, where
did he go? Why, it is argued he was
going to these water closets, Then why
didn't the counsel show that those
water closets were open so that man could go
iEto one OF them? They presume so. Why, they
could show it, if such was the case. 1t was not
my business to prove that or to disprove it. If
the prisoner made that part of his defense, he
might have proved it. was not bound to prove
that each house had key for each privy, that
the prives were kept locked, and that each key
was kept IN each house. l did not know but
what they intended to proue by a lady that this
gentleman knew very well who lived here, and
knew these houses; that the prisoner had gone
to her house and got the key. How would
know? | therefore avoided the point, believing
that if he wanted to prove he was in those
privies, the prisoner could prove he went and
got the key. But he did not prove that. Now,
gentlemen, he was seen to turn this angle (and
he was then twenty.eight feet from the gate of
Mrs. MilleI's yard), and nothing. separated him
from the gate but the yard of this fourteen feet
house, through which he could pass. Now,
where was he going? Was he going to see the
people in this fourteen feet house, in which the
| lady, Mrs. Ericke, lived. If so, Mrs. Frcke
could be called to show the fact-what was to
! prevent her from answering, Yes, he came in
and stopped IN my house Y"-but he did not stop
| there; ne went in here and he disappeared here.
| Where did he go? He could not have gone any
| where excepting into Frickes house or into the
/ yard OF Mrs. MllleI's house. He was twenty
eight feet off Gentlemen, he was Just in the
! position of the officer, Mr. Coulson, as he stands
now, coming this way, up this passage; he
could have gone in that door unto Mrs.
Flicke's), or into that door (the entrance near
est to you there), where you, jurymen, are. Ifla
man were seen coming up that aisle which
! leads to your seats, gentlemen, and he suddenly
! disapr cared, you would ask where did he go?
/ ask with the same earnestness, where did this
man go? did he turn into Mrs. Freicke's? where
did he go? Why, he must have gone into Mrs.
Miller's, Tor there was no other place for him to
| go. You may traverse the whole range of
/ probabilities, and you will find no escape from
that inference. His counsel may say, I" He
wanted to go into BuLtonWood street.n Well, l
| VIII only say 1t would be very curious route
! for man to take, particularly man who was
! lame and who walked with difficulty, as they
/ complain, to come up Hamilton street, go into
! this court, turn this angle, then this way, then
! that way, and then the other way, to get into
! Buttonwood street, when he could have gone
straight up Ninth to Buttonwood street. and
| up ButtonWood, very readily. He could have
| gone up from Fishers, mark you, in any way he
| pleased. If he wanted to get into ButtonWood
| street. gentlemen, why all this circumnavga-
! ton on that morning? He was not bound for
Buttonwood street; he did not intend to go
! through that court without making a stop.
| He went into Mrs. Mller's house. and there is
! the spot indicating on the plan) where he dis
| appeared from human vision.
! Now, gentlemen, have said suppose there is
treasure IN certain house. and man is seen
! approaching that house, and is afterwards seen
with the treasure in his possession, there could
be no doubt Of his having taken that treasure
! from the house.
Now, gentlemen, the prisoner took with