The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-11-14

ltac are twenty-six eel q; they are so arranged
cells under the moor; Ills always died with water,
except at O'Clock in the morning, when the watch
to MI.
Cross-examined-Tho pipes are not open in the
George w. Lee sworn-I am plumber and gate
keeper at the prison; know the arrangement OF the
between Roman and Italic A the distance as near
IS can judge ia 2Is feet; it is impossible to hear
experiment; there are twenty-sx cells between the
connecting pipe s in the corner Of the cell and the
main pipe Is under the floor.
Detective Joshua Taggart recaed-I made an
effort to subpoena George Murphy, the witness
spoken of in this case have been at his residence
him I heard he had left the city.
Samuel Smith sworn-I know Kit ManleI and
subpGnaed him yesterday morning, and he was to
be here to-day he has not been here; saw him on
Saturday at sixth and Walnut streets, in company
win Michael Noodles SDowlingl and Sam. Tate;
Michael Dowling sworn-(Copy of Police Gazette
handed to witness); can't say whether that is the
article referred to as having been read by Dunn;
Ii was something similar to that II not IT. the date
delphia TnSuirer handed to him); don't think the
articles OF September or 10 are the articles re-
Ierred 70 not the article OF sept IL OF coadnt
don't think was the articles OF Sept Is 49, or II,
nor Sept 10: think 1T It was O. whole column; nor
Court Ofiicer James z. Webb swOrn-I examined
the nles OF the Inquirer examined the articles con-
all the articles I'm those papers containing refer
ence to this case have been marked.
William N. Fenton sworn-I examined the files OF
the Police Gazette from December 1865 to December
1869 inclusive, and also the loose numbers be-
&c, 1865; marked all the articles containing refer
ence TO this case.
MIR. Bagert then addressed the jury SAYING
Gentlemen, when took my seat the other day,
did not think would again have to trespass upon
your time and good nature, but this testimony hav-
ing been introduced 80 unexpectedly, renders 1t
necessary for me TO say few words, and very few
how ghQl ha RnUU her trn n
the court room until the evidence and arguments
have closed, and then they walk in and have their
you; three infamous men, without an honest man at
their backs to support them without the least cor
and you are asked to believe their impossible story
against that of Michael Dunn, which is maintained,
reliable men and women. This is conspiracy
among thieves to break down one OF their craft
because he told the truth in this case and went back
Now, look at the stories, these men tell.
Samuel I,.c Tate ,IG says 1oon ne pupn was vd9 IN
in cell Itaic G, and that he held daily conversation
with Dunn through hole in the wall, but he didn't
bear in mind that cell intervened, and SO goes mis-
DowIiDg says this thing occurred, that he heard
teen months ago, which brings it to September,
| 1862 but when crossexamined he tells US that he
| and Noodles can't point out the article, though
every article on the subject to which he referred was
Thomas Peirce forgetting his part of the lesson,
| says he got the paper from Carol and sent it to
Dunn whereas Tate says he gave 1t to Dunn through
the hole in the wall. Why, gentlemen, at that time
| there wasn't enough known about this matter to
warrant the arrest of anybody, and how could the
newspapers give sufficient information for the con-
coctiOn of such story as Dunns?
| John p. ONeil, Esq, now addressed the jury on
behalf OF the prisoner. He spoke teeingly and elo-
quently OF the awful power over the prisoners life
and death with which the jury were clothed, equaed
only by the responsibility attached TO the exercise
of it. lie then charged the jury by the oatns they
had taken, which were registered Ia heaven to de-
| eide the case according to the evidence and the
| law, and these alone, and to do plain ana simple
| Justice by this man, who was yet man, let him be
| ever so monstrous morally.
| He then took up the evidence and argued from 1t
that the commemorative case was not reliable, ana
that the defense had proved the prisoner not guilty.
| Emma Busch's testimony showed that thare were
| two persons she saw that evening; one she saw at
| Eighth and Diamond and did not know, and the
| other she saw Immediately afterwards was John
! Hanlon sitting on his steps, whom she did know
right away tllIow could it be supposed these were
| one and the same man?
| Caroline DDglacker saw two men, one with cap
and one with q dark hat She said here she saw the
| man take Mary up the alley, and 1t was said the
| sight made upon her an indelible impression OF
| terror But chat very night the distracted mother
asked her where was the child, and she only said
81 don't know" but not word Of her having been
| taken up the alley.
| Martha Conaty was the last person who saw Mary
and she saw her out OF the alley. Wnen hrst ex
Mary went with man and they went up Dauphir
street together. Not a word then about the alley
Which story was to be believed? The one tolt
when the facts were recent, the memory
fresh, and circumstances to impress
| the facts? the one told two years Afterwards
when at least four different detectives had at foul
she was to tell here; and would the jury upon sucf
evidence as this send a fellow-being 10 the grave
and allow these detectives to snatch from the SOC
upon his grave the reward OF $500?