Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-04-30


went past Shelburn Falls and stopped al
the Fletcher place, and left there about two
O'Clock and went by the road all the way d.
irectly to Harry Russel's barn (three or four
miles distant) and which he reached at S O'Clock
IN the evening-six hours travelling four miles.
Look at the utter inconsistency and absurdity
OF the whole account, for you will recollect it all
and then endeavor to reconcile it with the truth.
As 1t has been proved by facts, Gentlemen of the
jury, here ale too many and different stories for
an innocent man TO tell
CONSIDER his account Of the blood stains upon
ms clothes Why are they 50 high up around his
neck, and over On his shoulder, and then bear in
mind his reply when as if stung by an insinuaiion
OF MI. Ira Russel's in the jail, and while admit
ting that it was human blood, he says it is not
Perry Russell's by id sight. No, gentlemen
OF the jury, the truth is that when he effected
his entrance into Mr.. Russells house, and after
striking him the murderous blow, and clinching
him and STOPPING over in the deadly contest as
he naturally would, those stains Of blood were
made upon his coat as if to flsten the guilt Of
the infamous deed upon him
| 1t seems to me that the links gather closer
and closer around the young man, proving him
to be, without the shadow Of doubt the guilty
one. All his attempts and failures to account
for his whereabouts, the different and inconsis-
tent stories which he told are sufficient to show
his guilt, aside from the various facts brought
out by the evidence, and which is abundantly
confirmed by his confessions TO Dumas; and the
facts about this confession are peculiar, the IN
lasiness Of the respondent, his walking about his
cell, his mutterings and ordinations, did they
not all proceed from mind overwhelmed with
the monstrous crime were they not all but the
4 ! d..
to give expression, He finds circumstances
gathering about him which are too strong, aud
As was only too natural for the human mind to
do when thus burdened, he wants to free himself
if possible. from the awful remembrance Of the
deed. The respondents counsel may call atten-
ton to and remark upon some Of the inconsist-
encies Of this confession. Gentlemen, it i these
very inconsistencies that prove more than any
thing else its truth il for coming rs it does from
Dumas, had every portion Of, correspondent as it
might easily have done with the facts which the
State expected to have proved, it might with
some reason be said to have been invented by
Dumas; and the very inconsistencies are but in
keeping with the different stories of the respond
ent. particularly when, DESTROYS Of securing the
aid he was LED to expect from Dumas, he was
induced to exaggerate and magnify in order
to satisfy still more this Dumas; and that Du-
mas might feel that he was able 10 pay him
for his work, he adds to it this account Of finding
the amount Of money in the trunk.
Then, gentlemen Of the jury, why should Wei
come recollect so distinctly on New Years day,
the exact time Of the murder 1t will be three
months tomorrow night he said. How many Of
you, how many of those who hear me, and who
knew all about the murder at the time Of it
could recall SO exactly and confidently the time
on which it occurred? Gentlemen, something
besides the consciousness Of innocence Of the hor-
rid deed, had fixed thatdate in the mind ofthe res
pendent too certainly TO be forgotten. lie j. too
intimately connected with the crime not TO re-
member it, and he begins 10 show some feelings
Of remorse and wish that he had only frightened
the oil people. Al this tends to show that the
story was III rcspondent's If you wish better
Or additional proof Of this read over tie letters
So jerome knows all my case they say repeat
ely, and gentlemen, he did.
We have now briefly reviewed the case, gen.
tiemen Of the jury. and You must
he satisfied that crime has been
committed By Welcome, and of his motive,
from the facts Of his arrest Blood is found on
bis clothes which cannot be truthtuly accounted
for. He is constantly making different leclarl-
TONS and at last his confession freely made con-
firms all the facts. An this helps 70 weave a net
work around him, "a net work thlt envelopes
him completely in guilt.
Remember, gentlemen Of the jury, that YOU
mus; duly weigh this evidence and ia the Ian
guage OF your oath you shall, without respect to .
persons, or favor to any man, well and truly try
and true deliverance make between the State Of
Vermont and the prisoner At the bar. whom You
have in charge, acc>rlug TO the evidence given
you in Court and the laws Of this State. So help
you God
Tle defence was opened by tr A C. Ballard
Of the respondents counsel, who said
Gentlemen o. ne jung | shall leave an cues
lions Of law involved in this case 10 my associate
70 argue.anl dwell FIR short time upon the flcts
as dey,lfel in the case When ! consider that
a life Of fellow being may depend TO some ex-
tent upon my efforts, would gladly shrink from
my responsibilities In the case. Glad would be
If to other and ADLER hands was entrusted tie
consideration and presentation Of the case Of his
respondent. But have assumed the duty and
shall enieav0r 90 discharge II 20 the lest Of ry
ability.
The feelings which first naturally arise, gentle
men If the jury, in a community, when peace
bic Old man Is struck down in the midst oi life,
Is that Of Indignation and horror; and you feel.
/ feel we all feel that the perretrltor should De
punished o. the fall extent Of the law. But gen.
lHAAlN4l lA must A-' t'NAA All AAt 4A4N We.
Him who saith Vengeance is mine, viii re-
pay" Il is not for YOU to exercise vengeance.
.ut to b. justice The life Of this respondent is
in your hands Ifhe Is innocent and YOU con-
Wet him, you will be as guilty As the assassin
who inflicted the mortal wound Give the pris-
luer the benefit II every reasonable doubt in the
case. Il j. better that "a thousand guilty 10
should be acquitted. than one single innocent
man be hung
The question TO be decided by you is, Is the
respondent the guilty one? There is nothing
but Circumstances against the prisoner, confess.
but let Us examine some Of them. Il may he
against him that he has just been discharged
from jail in Montpelier, but he is free now.
The presumption is that he had a fair trial, and
was found innocent lie returns home Is he
would, and | think you viii bel eve
when left there be intended TO = back 10 Mont
Delier He had a little money and left TO visit
lis sisters ON the way, living in two different
owns. after seeing them he came 90 Nergeunes
There is hardly any doubt that he was there for
time How else did he come by the cards
he resumes his journey, and stops at Shelburu.
Il is a beautiful October day. His means are
limited. The orchards are ripe Reasons with
,ut number may be given for his dongs as he
lid, besides his intention TO 60 to Mr. Perry Rus
els. That he is seen by several persons
wandering in that vicinity don'tdeny, and that
ne is hours going from the Fletcher Place TO
Harry Russell's barn may be impr hable, but is
he testimony positive that he Is recognized near
Mr.. Russell's9 Mr. Coleman who sees him was
doubtless 80 or 60 rods from him, and, IL Is
not impossible that he may be mistaken, for
when he testified in Hinesburgh he was not SO
very certain, and If he was going away from Mr.
Russell's it was a fact in his favor. There the
State leaves him not to take him up again,
going in the direction Of Harry Rus,ell's barn,