Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1871-09-29

assuring the jury that fact even ii proven
could exert no influence on their verdict.
He finally wound up by boastfully throw
ing open the door to any evidence on the
murder that was IN our possession
This offer, of course, was ali bunkun; for
he knew that we did not come prepared to
try the plaintiff for murder, but to be
tried for inf rming him that he was not
wanted in this NORTHUMBERLAND if we
had such evidence there, he knew that the
Court would exclude it. Bat after, Mr..
Strong made his empty offer, for such he
knew it to be, Gen. Smith said we would
make use Of such facts as we had on that
p 1t as would convince everybody that
there was a reasonable suspicion Resting on
the paint ifs as the NUDE ets, and that Q
was satisfied that any jury, who under
stood the facts as they were, would not be
very apt to find punitory or vindictive
damages in favor Of such plaintiff. And
as a consequence our attorneys proceed
ed to prove such facts as were known to
the few witnesses We had in Attendance
But Judge Cothren had not pro eeded very
far i'm the examination of Mr.. Yapp
when J ,dge Orion obi etcd' to such {.
imony, because it did not make any diff
ercnce in this case if his client was the
actual m rd.rer 1t is no Justification, in
law, for the Defendants lie wa> asked il
he proposed to close the door that hqu
been so widely thrown open by Mr. Strong:
Judge orion muttered something aoou
its being n new practice TO hiui, but he
couldn't consistently persist In his Office
ton; neither did he " .thl@aw it.
The evidence, Gil the part of the plain
tiff, went to show: That he was aware OF
the excitement consequent upon the muir
he. Of his brotherin law; that he was Il
ware that he was suspected Of being i'm
Dlicated in 1T that he made no effort to a
vert or explain away that suspicion thai
nc and his brothers and brother in law,
Wool, idgt, >lep. ont Of doors after the
murder, arm d 10 the teeth, expecting al
attack :tom their ueighbor. that he and
others were arrested and brought before a
ll>t;ce of the peace on "a charge of murder;
Lnat he waived an examination and was
Committed to gaol; that he applied for and
'btained change of venue that The Dis,
l,ict Attorney finally entered aotte pros
equj to the charge and that he was dis
thar sed, aud that On the first day Of Nav
= large body of men came to the residence
If his mother and left letter addressed to
him. and Others, ordering him to leave
within forty eight hours ; that he left as
directed and was greatly damaged there
by. He testified that he had a diggings
that he had worked two years and a half
in and had made nothing bnt had spent
$3.50 for powder &c. in addition to his
labor. Bat n: strongest part of his tcS-
nm ,.y wa, that he could tell BY going
through and exanlDing an o,d tumbllng
,pening diggi nss after 1t had been woi k"t.
nut, how much mineral had been taken OUT
Of it AMI that he thought there hf 4 been
bout $4,000 lbs. of mineral taken out OF
ais diggings while he was away And
h Gi n'tte 'en'l upon spirit aliSm hr plan
:hette or aAy other mysterious agency for
h information, but that lac was an expert
n the science Of ,mining! Think Of that
Nj. Murrl>h when you want assist ice il
your gcol )Ei,al cxp!o' atoms of the state !!
You could get valuable assistant and At
! moderate prlce-S2, 81 day he swor,
mis- time was worth Mrs. r lbvrts, tht
plaintiffs mother, III her testimony, sad
at she could read writing, and .. or, q
the identity Of the letter, and apparently
read it throu3h, with the assistance Of Mr.
st, ongs spectaces, which he very gallant
~ 1ju>ted 70 her eyes bat in hi, hurry
ne , t them on wrong side up, so ilat til,
old LAT. saw through them with grod
deal OF Inconvenience. Bat there were
some who were acquainted with Mrs Rob-
ells that d Gn't think she could read wr
ting not vii 1standing her evidence to the
contrary SO in cross examining her,
Judge Cottren requested heI to real The
lie ter TO The jury. when it became evident
that she had owe. rated her scholastic AZ
tainments for, as Gen. Smith said, 'she
could not read "a word, even with the as
Si>tance of Moses ! trong $ specta lies i
This scene, as plctur, d out by Gen. Smith
in his closing argus ut, created great
deal of merrment amt lg the spectators.
and even Moses coull not help smiling as
he saw himself so ludicrously pictured.
The defendants admitted the facts o.
goingto the house Of M, Roberts and lea
wing the letter as charged but pleaded il
justification the excitement and apprchen
sion of further boodshed in consequence
Of the rumorcd threats that the Roberts
were said to have mad. And they
proved that resolution was adotted at
the meciius before going to Mrs. Roberts
forbidding any act Of violence to any per
son And they further proved thai Jane
Yapp did not ave as ordered, but asked
and received shelter and protection from
Frederic Theobald. one Of the defendants,
when her own mother drove ''her and her
Tribe" Of little orphans frou her throsh
hold.
The testimony was all in on Friday the
18th inst. And Mr. Strong made strong
plea. He worked himself up TO such a
pitch that it was said he actually shed
tears | saw him wiping his eyes, but |
didn't see the tears. But to be serious.
Mr.. Strong made the best case THAI could
be made Of such material as he had to
make a case out of. His evidence lad
been sadly impaired by the thorough
cross examination to which Judge Cothren
had subjected it. s"
Judge Cothren commenced his argu
ment on the following morning and he
spoke three hours and twenty minutes.
lie addressed himself principally to the
task of enlishtening the Court in regard
10 the law applicable to the case, leaving
Gen. Smith present the common sense
view of the case to to the jury-and that
part Of the business could not have fallen
nto better hands. Gen. Smith, as an or
ltor is not often surpassed. His manner
5 pleasing, his reason acute and conyinc-
ny, and his power to make persons and
.cts appear ridiculous is unsurpassed.
Harlow Oiton followed, Gen Smith and
ronnd up The case for the plaintiff,
Judge orion. I need not say is an able
awytr. But his style of oraiory is diff