Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-19

II ~ 4AA ~ @B@4 avs ~ - ~
loaded with great burdens pass over it
with perfect security. l asked the toll
keeper what was in those long cables
that 1 saw stretched across, and
from which the great structure hung
so securely. He told me they were made
up OF myrfads Of little wires, any n Of
which he could easily snatch apart; but
united they became of immense power,
fit to bsar up hundreds Of Ons So it is
with circumstantial evidence it becomes
strong by union. These little circum-
stances taken apart sre nothing put to-
gether they form q mountain to crush the
defendants. 1t is so in all nature. Gun
powder Is a tremendous power its COM
pOuent parts are as weak as dirt. Nitr9
s0Othe5 tho fsvered brain, and lulls the
sick man to sleep; charcoal Is harmless,
and sulphur is innocent. Unite them and
you havs themost terrible element that has
been brought under the control of man
an element that has brought death TO
more people b all other agencies OF de-
sJruction put together. These apparently
innocent circumstances that surround
these unhappy culprits are nothing in
themselves, but united they raise up, as
il were, an accusing spirit against them,
that speaks 50 plainly that all HIay hear,
tina speaks so truthfully all must be con-
vincsd-a spirit that will not down, that
no power OF eLOrclsm can quiet,
that cries aloud for justics-fOr JUS
tics in the name of outraged humanity.
I5 is a standard principle OF law that If al
he circumstance Of a case we're Of slight
importance, yet, aggregated, they might
become conclusive. The general and "a
tiOnal rule is TO take them together. In a
long chain of Cireumstantial evidence no
fact, when taken siugly, can be Of over
whslming importance; it is by uniting
them that a long vista is opened through
\ which the guilt Of the defendants may be
seen: they form q sort of cOnvsrgeuG light
( which shows clearly how the deed was
/ done, when, and by whom. Starkey say
| that circumstantial evidence is like math-
| emaJical ProgressiOn-eVery fact addedin-
/ cresses the resultant in such a degree
/ that the mind becomes -astOnished at its
magnitude. We see, by the aggregation
! Of circumstances, in this case, gentlemen
of the jury, that these defendants arc
guilty, as you know. The CirCumsJantial
evidence talliss with the evidence of
| Hines. He says Graves was in the party.
| Is not that fact borne out by all the wit
uessss2 Do they not confirm Hines in
| every PARTICULAR But we nave nCt dev6l-
Opsd our circumstantial case yet; we
show you that these men we're together
st break Of day; at q time when all men
are wrapped in slumber; they come to-
gether with hats C%hangedi sJil another
faCti still another stone IL th5 arch OF
proof; four men together sc that hour of
The mOrningl Does that circumstance
raise no presumption of guilt? Il is com
mon for men TO disguise themselves when
they are going to do desperate deeds.
The hat is the most prominent feature in
q mans dress. IL strikes the eye. Some
are for going so far as TO hold that the hat
and the boots 90 to make up the priuCi-
pal features Of mans dress. This shows
the natural imp2rlGucs of the ha5. This
man comes there TO Wares so disguised,
with the dying cries of the boy SchOield
still ringing in his ears. He took a drink.
Il does not even excite surprise i'm Cuba
that they 20 there disguised and drink,
when s young man has been fOrcibly Ia
ken from his guards. Not a word said
about that. They sl had heard thec cries,
and they had all heard heshOts5
o NO WORD Is SAID.
The officer sits there loading his pistol
and telling how ms, fired but still IA word
is uttered. They do nothing but take a
drink, and yet say no word about it. That
man sitting there loading his pistol
Yves q fearful reminder Of their guilt,
and they stood abashed before
that remembrance, as Cain did when the /
Almighty asked him FOR his SLAIN brother. [
Igis unnatural that they should act so, and
still ba innocent. TINS was the conduct
OfGraves after his servant had been taken
fJrcibly from th5 guards that were I'm
Justly placed over him. This was his
conduct with q full knowledge of his in
nocsnce, Of the Outragss that had b5en
perpeJrat6d upon him. % are aware, |
perhaps, of the fact that where a servant
strikes in defense Of his master, the law
excuses him, That old fsudal idea that
came scrOss the sea, still holds good in
law. The servant owes f5alty to the mas
ter, and the master owes protection to the
servant. Did Graves protect his servant?
He knew when Tommy Scion gave him
the money that the charge against the
boy was false. Is it not inconsistent with
m~aniiusss that when his servant was
snatched away, he should take a drink
and say nOthIng2 He should have gone
after his servant; he should have shown
him as much consideration as men usu-
ally pay to q favOrits dog. Those Alex
anGers are men of sense; they were
there; they knew by intuition how
spoke louder than trumpet tongues in
their ears, POstOn attempted, while go
ing to the grave, TO give sCm9 color Of
justice to the foul deed by slanderiug the
dead yOUth-by accusing him of horse
stealing and negro killing. The proof in
this case shows that boy to have been as
innocent SIS the babe unborn; bu5 it shows
h5 possessed @ secret which it would
be safe for these men to let out.
Another charge against him was that
be stole money sud made a
good many other threats Can 60
be that the immaculate Graves, the
head and front OF Cuba society, the
beloved OF squire Carroll, now dead, had
thrsatsned2 was be afraid Of his Efe2
His bosom friend, the Squire, could have
used his official thunder; the satellites,
POstOn and NcC3dCIu, could have thrust
dozens ia the prison, rather than that one
hair Of Graves head should suffer. He
made threatsl All, yes, he knew things
Graves wanted buried in eternal OBJ
for that he was done to death;
lone TO death in p manner that would
have disgraced the yilest band of ARA
phOss or COmanch3 Indians. IL is a
disgrace upon you and upon me:
IL IS q disgrace upon common
humanity, a disgrace which you can only
partially atone for by promptly pronoun-
cling q verdict of guilty against these men
The AleXsnders say that SChoheld called
upon Graves. The gentleman s8ys that he
calling upon Graves for succ0r-ceI-
upon Graves for sUccori the man who
had panned him up for bUtcheryl As
we'll might the shrinking hare, with
hounds upon its track, call to them for
3Uccor. That boy knew that there was
no mercy there. He called upon him in
MS agony, in despair, because he thought
has Graves might remember his
He called upon him because
he thought that Graves would remember
lis own children sleeping at home.
thought not Of his mother, nor Of
lis wife and children, hat he now places 4,
before you as a shield from the law.
These men knew thai the boy was a wit 7
against them, and that {
DEAL Nj TELL NO TALES, I
But this dead boy tells tales. Hisvolce rises
10 here from the grave. IL is impossible {
or every crime 70 be covered up. Their :
was full. Justice has Oyertaken these !
men. He referred az length to the testi- =
uony Of Sstterwhite. He said: When I
Yer his evidence is touched by that BY :
tbers, he is sustained, He is cOrrOb0- I
in his evidence in reference to his :
.isit to the scene Of the murder of )
dathews and Ware. He is c-orrObOrated :
n his subsequent st8bemsnts by Ware, !
v the A~lexanders, and by Captain Pat /
ersOn. Patterson swears that he saw '
fraves and the others coming Out OF y
Wares grocery, and going to Graves. =
Ware stands unimp8ached; Alexander z
unimpeached Patterson stands 4
.nimpeached. They all c-orrob0rats Sat I
erwhite. Morally, be did not psIjure Z
imselt at the cOrOner's jury. Is r
nv oath more sacred than a mans
.fe ? Men there knew they would be o.
igning their own death-Wa rrsnts 4
" telling the truth--abOut to fight to tell %
THAT they knew. Poston at the funeral said -
70 ought TO b5 hung, and Wisener was oyer =
is grave because some men dissenJed y
rom that sentiment. Graves said he =
ught to be- hung. He said "we will let 4
thing q IN till morning" and yet y
the Indignation meeting they all sign =
esoluGions and pledge themselves, their Il
onor and their properties to hunt down y
he slsysrs of the boy, whom they said Il
ught 10 bs hung anyhow. y
WAS NOT BRAVES ACTING A LIE2. n
Wherever SatterWhite's testimony b
omss in contact with that Of outside },
illnesses he is c-orroborated. Facts are q
lways consistent with themselves; they v
9 well when brought together, There z