The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-02

Oeine On DIS Nhtto OhEryhnB tuo
when Lieutenant uOnnoiiy questioned him as TO
Detective warnock says, "si asked him how hc
got all that blood on the coat aud vest. He said.
continues, ~ asked the defendant how the blood
came on his shirt He said he didn't know, -
these stains is that he received them p SsnSn 81
the dead body. He has called the physiciana I
They account for the Of such stsipS Sy n:
carrying Of the corpse and the washing Of the head
,h,s But the Commonweslth,s counsel contend that
the deendant's white muslin shirt and the cellar
and cuffs were not on his person when he carried
settee, and that these articles we're then up stairs
IN his bedroom and remained there until after his
This requires US to examine the evidence TO as
certain what clothes he wore at the particular
time he lifted up the body and while he was bathing
Sarah Campbell says he had on short, dark
]. P. Montgomery, ESQ.,, states that he had not
good opportunity Of observing; that the defendant
had on dark colo1ed coat with large collar, but.
toned up. 1t Is MIR. Montgomery,s Impression
that the defendant had no collar on, and no white
shirt was noticed by this witness
speak Of the coat; two Of them say 1t was buttoned
up all Of them speak Of the upd0rshlrt and of the
absence Of the white muslin shirt and collar.
MIR. W. H. G.. Morrell and Mr.. Lord make the
same statements. MIR. Doster says the undershlrt
looked white. Mr.. mor1ell calls Il gray mixed.
In confirmation of this Officer Howard SAYS that
when he told the defendant ''t to put his cap on as
he was going to take him to the station. house. the
to go up stsirs., The officer adds that when they
went up stairs, the defendant put on the tohite shirt
black cloth vest, and The same coat he had ,oorr
doiUn stairs. Ifyou believe this evidence You will
probably conclude that the defendant had not on
the white muslin shirt, collar, or cuffs while he
80, and the shirt collar and cuffs had beon left up
stairs when he came down at Sarah Oampbell's
CALL then 1t is very clear that all suppositon as to
the prinkling of those articles In the act of carry
Ing in or bathing the body is out of the csse You
Will also remember upon this branch of the case
the evidence as to the cap worn by deceased and
the position of the spots on the defendants gar
There was, 1t seems, a woollen cap on Mrs. Hill's
head. Detective Warnock says he did not see her
hair loose on the settee; 1t appeared to be confined
to DR.. Lewis sprinkes Of blood inside 1t IA also
described as having blood on the sleeve up to the
shoulder, soaked and smeared places on the collar
side and cuff. The stains on the vest. pautaloons,
boots and other articles have also been described
to yeu 1t is said that the shirt bosom is sprinked
obliquely from right TO left, upward and outward;
that the collar has a few minute sprinklings, and
that the cuffs have minute sprinkled spots.
small particles of blood could have been sprinkled
to the shirt from his hands and from the lapel
of the coat. On this point and the absence Of any
brain on the poker, Or. Paine has been examined.
Doctors Paneoast, Allen, and Morton have been
Of the defendants experts as to the time required
for the eoagulation Of blood In different circum-
stances.
Now gentlemen, you must consider all these va
rious arguments ami the evidence relied ON In sup
port of these respective theories Weigh them care
fully. Has the Commonwealth satisfied you that
the stains the shirt received in the very
of murderl Has tho defendant, by argument, evil
dence, or suggestion, created a reasonable doubt
The Common wealth has also relied upon the evi::
6ence Of Messts. DOster, Howard, Morrell, and
continuerce of the bhtaing after he was told that
Mrs; Hill was dead his omissions to go into the
| yard or up stairs with those who were searching
tEe premses his failure to ask any questions as to
the discoveries made by them, and his manner
| throughout have all been commented upon,
The defendants counsel have in like manner re-
lied upon certain expressions Of distress and an:
other matters, as explaining all that has been
alleged against him, and as actually establishing
| Mr.. Morrell says the defendant exclaimed 'oh,
| my God; my poor mother - Mr. Bowen testihes
| to similar expression, and Officer Howard says he
| declared he was innocent.
| On the question of motive, you will remember
that 1t is alleged that the defendants due bill for
$50 was found in tho war be of the
his habits were extravagant and his means limited
1t is also said that there had been Ill feeling be-
tween the deceased and the defendant because Of
| the introduction of the name Of Mrs Twitchell In
the deed for the house. 1t is charged that this was
done In fraud of Mrs HILL 1t is also aid that she
| that this was communicated to the defendant. It
is further stated that he spoke Of her insutingly.
Mr.. Joseph Gilbert. MI. Henderson speaks Of his
visit to Mrs. Hill, and that defendant ordered him
to leave the house The tax g. receipt has also been
endorsement to the effect that 1t was paid by him
for Mary L. HILL
In answer to this 1t is contended that the defend
ant had possession OF considerable property.
Mr.. Long saw shingles at the defendant's place
| OF business the TUESDAY before the murder, anC
that the bundles were marked with the defendant'i
name.
Mr.. Daniels saw at the same place ton thousand
shin giles on the Thursday before the murder. They
weuid average, he says, $50 q thousand.
MIR. Hollinshead counted at the same place Atty
nine thousand three hundred and twenty Ave first
quality shingles and ak thousand common shin
eles. He further says that there was machinery
there worth about $6, 900. He told you, however
something about the ownership of the shingles
and he said the defendant owes him $3.50.
MIR. McCully also spoke of the deiendant's pro
peIty at the stable as worth 81, 200, and netting
The defendant has further attacked the charac
ter Of MIR. Gilbert for truth and veraoty. A mum
Der Of witnesses have been examined both for ant
against h MT Gilbert an and you must consider a. a.
proper weight to be attached to his testimony.
you tnd that witness is unworthy of belief, yol
should not convict upon his testimony; but befor
you disbelieve man you must weigh the evidenc
for him as well rs against him.
In order to show that Mrs. Hill was not injure,
| by the insertion Of Mrs. Twitchell's name In tn
deed the defendant has examined a number OF wit
pesses TO prove that Mrs. Hill spoke Of the hous
and furniture as belonging to Mrs: rwitchell. Ell
len Dolan, Thos. E. Garter, Mrs. Eisenhower
and Sarah Bowler have testified on this point a
number OF bills have also been submitted to you
Ihe CommSnweaitn con contends that when the wit
furniture were Mrs. Twitchells, they mean tina
Mrs. Hill said she would leave or would give all Il
her. Some of the witnesses used these expression
on GROSS examination. Mrs TwitcheIl's name 1
IN the furniture bills. Mrs. HIPS name was Of
Ihave several times mentioned to YOU that dog
were kept In the house. The Common wealth al
le9es that these animals were very watchul AM
that the two belonging to Mrs Hill were not seei
by any OF the witnesses the night of the murder
The defendant contends that the dogs were KEEP
In the bed rooms, at times did not bark at stren
gers, and that they made no noise on the night II
r.