Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1874-04-23
EDITOR TRIBUNE AS the speech


action brought by Newell N. Jones
against John Ellsworth, has been
published in your paper, it is GER
tainly very proper that the remarks
of VIM. T.. Carter, Esq, one Of the
attorneys for Mr.. Ellsworth, be also
published before that transaction is
finally dropped. 1t is not pretended
that the following is exactly what
Mr.. Carter said, but it is the sub
stance, and as near the words as
memory could produce them. Mr..
Carter said
1lay II please the Court
am very sorry that the plaintiff has seen
fit 10 dismiss his suit
| have listened to the remarks which Mr..
Strong has made to your Honor accompany
ing the announcement of the course the
plaintiff has made up his mind 10 take. | do
not challenge Mr.. Strong's good faith in max
Ing those remarks, although the course he has
taken in making them is, | think, quite unusual.
As one of the counsel for Mr. Ellsworth,
and on his behalf. ask leave Of your Honor
to state that | was present at the examna-
iiOn of Mr.. Jones before the Justice OF the
lcAtt, 10 WHICH Mt. Strong mas dliuutu, anu
assisted in conducting the case on the part Of
the prosecution at that hearing; and the con
illusions which the facts disclosed on that
examination to my mind were Numerically
opposite to those which Mr.. Strong seems to
have arrived at. It is true that Mr.. Jones
was on that hearing discharged by the Justice,
but | am thoroughly convinced that the
whole truth Of the transaction that occurred
in AvOca. between Jones and Ellsworth was
Ill ..1 hat nit,nt ,,lh ,.g
not yet been disclosed, and | fear that now it
never will be. II will suffice for me TO say
that there were facts and circumstances dis
closed on that hearing, which were not denied
or explained, and which ! venture TO think
cannot be denied or explained. and which
directly and strongly confirm the story Of Mr.
Ellsworth.
The result to which my mind has been led
by the facts disclosed on that hearing IS, that
| firmly and couscentously believe that the
story of Mr. Ellsworth IS in substance true.
IN saying this | do not intend TO accuse Mr..
Jones OF deliberately intcnt to murder when
ne fred that shot. acqult him in my mind
of that guilt, But it is my firm conviction
that he fired that shot under the influence of
one Of those uuaCcOuntable pauics or spasms
Of fear which sometimes and without any
reason take possession of the human mind
lie knew of the illeeling existing between
himself and Ellsworth; he had left Ellsworth
behind him at the barns he says the thought
crossed his mind as he passed Ellsworth at
the barn door, that perhaps ho might attack
him from behind asrhc crossed the street in
the darkness; he also says that ne heard
ElIsworth's footsteps behind him crossing the
street.
The rest of it Is easy TO see That thought,
urged by the sound Of those footsteps, grew
in his mind into conviction that he was to
bc attacked from behind. Under this idea or
conviction, for shelter from the anticipated
attack, he bounded behind his wagon Which
stood near the path and stood there until
Ellsworth reached the spot, when, driven by
that oyermaStering emotion to the conviction
that he was in actaAl danger, he thrust out
li9 hand and iircd the shot. The act was not
the result Of his win, but Of lis grouudless
fears This theory * borne out by the facts
and circumstances To which ! alluded, but
which cannot on the present occasion take
time to point out and they are consistent
with no other theory that has been suggested.
They are utterly inconsistent with the state
mcuto OF Mr.. Jones. As Mr., Strong has said,
1t Is truly an unfortunate transaction for both
parties The transaction is shrouded in mys-
terry, which may, and which may never be
cleared mp. | had hoped that in the course
of the investigation which the matter must
have undergone on u trial Of this cause before
jury some pert at least Of that mystery
might have been wiped away, MAT hope,
however, is destroyed by the act Of the plain
tin in dismissing this action, and il is that
consideration which leads me to regret that
ne has done SO,
ask your Honor's pardon for the time
have occupied in making these remarks, but
! could ret, in justice to my client, allow NJ.
Strong's remarks to go unanswered.
This speech would have been
sooner sent to you for publication,
but it was not written at the time
it was delivered, and other duties
prevented It's being reduced to writ
ing since. Please publish this and
obligc Mr.. Ellsworth and his friends,
who regret very much that the al-
fair has not been thoroughly inves-
tigatcd, us they are confident such
I'm investigation would not have re-
suited IN very triumphant vindi-
cation Of the conduct Of Mr.. Jones
in that unfortunate affair.
NpDrS N-p <