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

vows are DrOken open, which creates
draft and as the smoke clears away they
discover from the outside the remains of a
human body upon the bed and a pile of
clothing upon it. The burned limbs of the
body drop to the floor first and soon the
body follows. Then II Is discovered BY
Whiting and others that the throat is cut.
The doctors examine the body and are sat
ished that 1t is that of Ann Freeze. A
question is raised here that we have not
proved that 1t was Ann Freeze. Would
they Danish common sense from your
minds Such question is an insult to
your good sense and judgment. Dr. Allen
testifles satisfactorily as to the proof Of the
sex and we have positive proof about its
identity, by the evidence concerning the
tooth found in the mouth which DR.. Law
ton states positively he put there. Until
the final resurrection shall come you and
will never know better than we do now
who it was that was murdered The place
where she slept is testified to by the neigh
bors and all agree upon that place
The idea of self-defence may as well be
conjured up by the counsel as anything else
1t is preposterous to argue any such ques-
ton. The idea of suicide is just as foolish
and inconsistent. The very thing which
the murderer took to cover up his work
preserved it, and we are enabled with the
aid of science to determine who the vic
tim is.
The government have satisfied you that
human being is killed and that being is
Ann Freeze. Next question is who the
perpetrator was Only the question is
whether tins respondent committed this
crime. We present evidence upon positive
circumstances. In Lord Hale's time it
was necessary for positive evidence in or
der to find proof Of guilt. Now it is only
necessary that You shall he satisfied upon
circums.an,ial evidence in the case. This
is the strongest evidence known: capable
from lis very nature TO be positive. If
two men bad come up here and say they
saw this man who committed the murder.
would you know any more about it ?
These gentlemen would say they were
committing perjury. That man or two
men may do that, but when we have a
dozen different facts proved and every
link in the chain complete where all facts
po'nt to one central fact there is no chance
to be mistaken about It. seems unneces-
sary to give only my ideas and illustrate
my argument as 30 along The central
fact is the killing of the woman. All
these facts point that way. When there
fore this focal lay points to one central
fact and that is the guilt of the respondent,
no chance of being mistaken. II not he is
entitled to verdict of acquttal This is the
very object of experience to return YER
diets OF guilty on circumstantial evidence.
You find your missing horse in my stable
and set down and make no defense The
court would say there was guilty pos
session, although nobody saw it. Respon-
dent is the only person on earth that
knows anything about it knows that the
neighbors heard 10 racket and that the
house was in flames whether he went in
the daytime or when he did the deed we
know not and probably never shall.
In the first place this respondent is a man
of bad character. We say from youth up
his conduct justfies IN saying that this is
an act which he would commit. One of
thp hest fhinus hn couIJ Lovo % ror,,..a . .
fly to at this time, would lie good char
acter. Now would be his time to present
1t. III he could bring in a dozen good men
from Nergenncs where he has always lived
and testify to his good character; but on
the other hand not a word has been said.
Instead of good character, his history
shows he would be just the man TO commit
such crime as this. All we desire to do
is to lay these facts plainly before YOU, and
while all these facts are necessary to lead
you to reason out such a verdict, we are
justified in thinking you cannot but find a
verdict of guilty
We find by testimony that on the Thurs
day he took her to Castleton and back. at
the circus Saturday night with her. and at
7 o'clock Sunday morning was seen coming
from the direction of the bouse. 1t is not
stretch of Imagination for us to conclude
that he was coming from her house that
morning We then say lie was in situa-
tion to commit such an act. They say
somebody else may have committed that
act, but VIC know as well as we ever shall
know as jurors that he done it. When he
came here how did he behave himself?
He worked while at Ross and then went
to Mansfield & Stimsons, and John Foley
says he never saw n man who hated to
work so much. On Thursday he leaves
work without any word to his EMPLOYERS
Where was he on Monday? Evidence is
this house.
Then this circumstance of the Berwick
House bed is one among the many. We
wouldn't have them hang man on that
but it is all these circumstances put to-
gether which makes out the whole story.
The girls story is a small matter, but as
a circumstance corroborating the rest it has
terrible power If he was not there he
could show where he was The people at
the hotel would know whether he was
there or not. That alone does not convict
man, but circumstances put together
make a power.
Where was he from half-past nine on
Sunday evening until four o'clock Tues
day morning. Not living soul has been
found who saw him during the time. They
are called upon legally 10 explain where he
was. They say we have not shown by
positive proof that he was there; but what
does Mrs. Keenan, say. She says she heard
conversation at Mrs. Freezes house on
Monday and that a lilt1n ,;.Ia ,;1