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


and In confidence of justice at your hands.
They say he had no money. We find that
Mr.. Forbes paid him about $50 on or about
the goth of May, and they have not showed
him to have expended one cent of that be-
fore he went to Providence. They say he
said he borrowed $40 of an apple-tree
man and they have not contradicted that.
We find him then In funds, for IL he had
spent the $50 he had the $50, which they
ind was enough to bring him around
square. They introduce no evidence against
1t. They say he lied about the fare from
Boston TO Providence. That IS manufac-
tured and thrown into this case. You may
ind him guilty of murder If you will, but
II Is false to say anything else. Those
men take particular pains to crowd in the
evidence that he said 1t was SO. 25 each
way. They know he never said that, and
they have not proved what il was. False
and contradictory statements are not to
have weight In this case. This is a case of
circumstantial evidence. You cannot be
too careful in deciding case where life
depends. Am warranted in reading few
OF those cases which are in connection
with this case.
| In the celebrated Boora trial there are
stated several cases of mistaken decisions
and executions of innocent persons, which
were read.
You must remember the likelihood of
crime to be committed at such place.
The great mass of crime that is committed
Is done at establishments of this kind; it is
place where generally crimes would he
committed. 1t is proved there were two
men there on that morning who were in a
wranglc with this woman.
1t seems to me unnecessary to go through
with the case further now leave the
prisoner in your hands. 1t is no light duty
to be brought here to defend man charged
with murder. Meyer before was put in
such position, and come to it with en-
barrassment. We have had but little pre-
paration, and have been compelled to try
1t the best we could. If have pushed my
argument further than the scope of reason,
l ask you to go only to fair reasonable
line of argument. | shall be followed by
another, who will close the argument, and
L ask you to consider his in the same way
There 10 left a reasonable doubt in this
case IN the minds of all and in the minds
of you. There are many sad thoughts
arise before me as l look back over the
case and see the defects we labor under
Our client has not had a chance to get
those witnesses who would show him to be
an innocent man; and we have not had the
usual time in which to prepare ourselves
for the right progress of the case. do
not need to be called to the fact that this
man has mother in distant city, old and
| feeble, knowing the condition of her
son who is just so dear to her as any son.
Gentlemen, shall your verdict carry JOY or
sorrow to that heart? remember he has
young sister. Gentlemen, if you could
see her as | have seen her, crushed to earth
as the clanking door is heard which shut
out her brother from the light of the world;
If you had, you would agree with me that
he should be saved. Into your hands COM
NIT the prisoner; into your hands l leave
his destiny. don't ask you to forget JUS
tice to the state, to the people and to So
ciety; but remember mercy.
The court then adjourned for dinner,
and at two o'clock listened to the closing
ARGUMENT OF COL. G. II. JOYCE.
To stranger who has happened to come
into the court room during the progress of
this trial it might be puzzle which of the
two, the prisoner or the counsel for the
state, were arraigned at the bar and 1 am
sorry it was deemed best by the gentlemen
employed by the defense to have arragned
the states attorney, leaving everything else,
the prisoner and this prosecution, and
spend their whole strength and face
against those employed in the prosecution
of this foul and bloody murder. The
states attorney has been known by you for
a long time, l may say born and brought
up among you, and for his attention. pru-
dence and talents as a prosecuting attorney
you as bic constituents have given renewed
terms of political life ask you to put
your finger upon One spot or place during
this whole prosecution from the 9th of
June last where he has overstepped the
line of his duty. am aware that he has
been assisted by men no less worthy and
no less eminent-from the outset by Judge
Everts of whom too much cannot be said
as man and as an officer. The states at
torney has been greatly benefited by his
assistance and nothing has been done in
this case that should not have been or
what was not strictly in the line of profess
sional duty. am aware also that citizens
of this community who stand as well as
they, have been arraigned and even CON-
pared with the man who on the 9th day of
Jnne last perpetrated one of the fouest
crimes. Why in heavens name, with
all this testimony hanging around him,
without any doubt of it more than
that the sun is shining in the heavens,
why is it harsh to say that he is the MUIR
derer ? What would they have men do?
You may go to the tarthest ends of the
country and to all places and you cannot
find anywhere village more noted for its
peace, good order and law-abding citizens
than this village of Rutland. Therefore
when the news first broke upon us that a
murder had been committed in our midst.
when it was telegraphed all over the coun-
try that such an act had been committed,
what would they have men do? take no
note of it If there is one act performed
which entities the performers to the graft
tude and commentator of their fcllowmen
it is these men who have spared no expense
or time in bringing to justice the perpetra-