The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-10-05

tunlty Wa3 given to be sure and exact. a
man approaches us in ordinary business
and talks for five minutes bis Identity de-
creases if he be an ordinary looking per-
son that no one would remember him.
This man is proved to he an ordinary look
ing man. They don't claim that he was in
their store five or ten minutes. Their
stores were crowded with customers and
and with the same business, nothing about
him TO indicate their attention. Their at
tention was called TO him some days after
wards. Then they are shown a photo
graph and his appearance described TO
them and the circumstances were ex-
planned Then they are brought here one
after another taken up to Jail and they
think he is the man who was in their store.
OF course they would say he was the man.
Being nothing extraordinary about him,
with their impression impressed by his
photograph, there being no man there of
his age Or dress it was perfectly natural
that they should have thought So The
first one they produce was J. G. Pierce.
This is the man to whom was pawned the
shawl and opera glasses. He put up $40
on the goods and he went out. Can't tell
the mans looks or the color of his hat
Saw his photograph before he came here.
and got the full description from Stearns
and Thornton before coming here. If it
had been catamount there. from thc'moun-
tain he would have believed 1t was the
man. Everything was done to mislcad
him before he came here. They ask him
II the prisoner is the man and they all
think he is. That Identification amounts
to nothing. But Pierce is one of those
positive men, he never was mistaken only
in matter of twins. When you find a
man who is SO positive, when he comes
with this degree of certainty you must
look with suspicion upon his evidence
Next is Morris Livingstone who happened
TO be there and saw this man in Perce's
store, was himself in a hurry, yet he says
this is the man. Comes up here filled with
the idea that this is the man had totally
forgotten Justice Evcrts and that he had
testified before him. The states attorney
asks you to find that these men were pecu-
liar in respect TO identity, in face of
the fact that lie didn't remember Justice
Eycrls whom he had ten times the
chance 10 see than he did the prisoner.
Next is lSalc Smith. He sees side glance
OF this man and then comes up here to the
Jail, and seeing BIN with some old men
can pick him out. Next is Myer Abra-
bans. lie says this man was in his store
about ten minutes. lie comes up here and
Is put into the jail, where there is no one
WHO was dressed like or had any appearance
of prisoner. No chance to fail of picking
him cut, as he saw his Photograph. Then
comes the man Ehrich. He HAD totally
forgotten the transaction the first time that
Stearns aud Thornton were there, and
could not remember until Vogt came in and
picked them out. If he lied then he will
lie now, and his evidence should not be
taken. Then this man Nogt, another
Jew, comes up TO the Jail and sees the
prisoner among these old men and says it is
the man. Only remember his appear
ance when asked TO identify the prisoner
and he throws his eyes around the room
with such rapidity that he could not recog-
Mise his own mother in that way. 1t will
not do to rely upon such testimony in SO
i,,a,N Ii
comes in and will not swear that this is the
man. He testified before Judge Everts
that he saw this man brought into the
Town Hall between two officers. This
young porter comes on and says he did not
sec him at the hotel. You may have
thought that these men had personal in
terest to fix upon some one who beat them
in this way. We cannot tell what induce
ments were held out to them by these re-
ward seekers. 1t is said that some of these
men gave general description Of the man
who they saw in their store, but general
appearance is not enough. 1t does not au-
swer.
This hat is talked about a great deal, wit
ness noticed one man on the jury has one
almost identical with that hat. We find
him go to Boston with an umbrella, and
come back with one. Yet he is not proved
by these Boston parties 10 have had one
not one This valise, he says, is the same
because it opens in the middle. Then they
say there was box of collars. Heavens
and earth. Who goes away to the city
without box of collars? Remember these
kind of men from Boston are Jews and
pawnbrokers. A race who bear upon them
the ban of the world by crucifying their
Savior. To hang a man on such testimony
wond be legal murder. You each under
stand that Jew does not consider his oath
anything unless administered by Rabbi.
You would not, any of you, send five
dollar bill to Boston by any of them. The
states attorney demonstrated that he would
not allow the prisoner to come in here with
II fall SUIT of clothes, but he must come in
mere with summer suit. 1t occurred to
us that these witnesses should be subjected
to still further test and see if they could
identify him IN another SUIT of clothes.
But the states attorney would not stand the
test. We were willing to take the risk, as
it would have been fatal to us had they
identified him in another dress. You have
been told why Mr.. and Mrs. Stewart could
tell that this man was the one who rode
through the city with them. He agrees
with them that he was there. lie denies
it that he was in those stores and pawned
those goods. There is reason that Mr.. and
Mrs. Stewart could identify him and that
reason does not exist in the other cases.
How can you say you are convinced that
John p. Phalr and f. +. Smith are one and
the same person? 1t is said to be better
that ten guilty men escape than that one