The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-10-03

tells of borrowing and accounts for still
more money. II be could have proved
where be got his money he would have done
II, and then we could not have said
as VIC do know that he got IL of Ann
Freeze John p. Phair knows where her
money is cith,r he has covered it or
thrown it away ctween Bellows Falls and
Rutland on his return. We find him to
have wallet at Fitchburg, but none when
arrested
We find razor in the ruins and a razor
case IN hs trunk but no raznr. Dora Will
son says she never saw razor at Mrs
Freeze, but they bring up a msn with a
fragrant reputation who SAYS he saw q
razor there twice. This testimony is sub.
jcci To severe criticism. In regard to This
reward, if none had been offered this crime
would never have been fastened upon the
murderer or have been traced ou, in all lis
present completeness. If men take I'M n
case and follow it as these men have done
they are not to be sneered at but rather en-
titled to the thanks of the community.
The court here adjourned for dinner and
at o'clock p. m. Mr.. Ormsbee continued
his argument.
You are assured this is no pleasing task
to claim before you that any man is guilty
of the crime as charged of the respondent.
We only do duty we owe to the state and
to Others who are part of the state. We
have called your attention to nearly all the
principal points in the testimony to all arti-
Giles and instruments found and put into'the
case, except this bloody key 1t was found
in one Of the doors of Mra. Freezes house.
No one would take bloody key and put
it into door after it was taken from the
house. The blood upon it is matter for
you to consider. 1t is not my purpose to
revert further to testimony, even in col
lected manner. 1t is all before you no
serious complication that you cannot un-
derstand it is all fresh in your minds and
will not escape your notice. 1t is necessa-
ny to say your duty is serious one,
or one not often devolving upon a Rut.
land county jury. It is trying a man
for murder and your duty is
plain, whether satisfied on the testimony or
not. No considerations of sympathy, how
much they may appeal to you under other
circumstances, should be for moment
weighed by you. Is is stern, unrelentlng
justice which is demanded at your hands :;
be just before you are generous our SYM
pathetic natures are apt To give way to
justice and its demands, and we only ask
you to act strictly ON your oath and we
shall be satisfied ask only your decision
on tie evidence presented by the state
True our evidence is all crcumslantial but
it is the strongest that can be adduced. 1t
is not possible for the Identification to be a
mistake and when taken in connection with
the handwriting you must find that Phair
and +. F. Smith are the same persons, that
l'hair was operating in Boston as L. +.
Smith, while the suspicious circumstances
of the claims he has made and which have
not been proved then his discrepancy as
to the Shirt why falsify unless truth was
roing 10 stamp him as the man. 1t is for
you to say rs judges of the law and the
facts. 1t is for you to pass..upon the guilt OF
| innocence of the respondent. Ii is necces-
sary to make ont case beyond reasonable
doubt not possible doubt. If you find we
have made out the case you must return a
verdict of guilty if you find that E. F.
smith is john Z. Phair, the very fact as
Stunning II false name and residence is evil
dence OF guilt the possession of the prop
erty belonging to her in nowse accounted
for, is strong and prima .facie evidence of
guilt. The possession OF property is not
attempted to be denied !; no claim of the
kind is made. 1t is immaterial as to what
the character of the woman was that
matter has nothing to do with it, the crime
is not less to murder her than any other
lady The law throws around her the
same safeguard as of the best in the land
1t will be said to you undoubtedly that you
are to go carefully that the prisoner is in
full vigor of manhood your sympathies
will be appealed to. We think you will
see yonr duty plain and not be lead away
by any sympathetic demands upon YOU.
We only ask you to do justice to the state
and your oath and no more.
HON. d. E. NICHOLSON
followed with the opening argument for
the defense. He explained first his con-
nection with the case as counsel, by stating
that owing TO the absence of Ex-Governor
Stewart, who was expected to appear for
the respondent, and to the indisposition of
Judge Dunton, one of the counsel, he had
been assigned by Judge Wheeler at the re-
quest of Dunton & Veazey to assist them
rs counsel.
There were series of difficulties which
had gathered around this trial. circum-
stances impropitious for the respondent.
among which were the non-appearance of
Gov. Stewart, the indsposition of Judge
Dunton, and also the little preparation
made by the defense for the trial at this
time. lie then referred to the states at
torney's argument, which he characterized
as cruel aud unkind in its reference to the
prisoner. He also repeatedly referred to
the distinguished advocate (Col. joyce
who would follow hm-wLose abilities
were recognized as the peer of any advo-
cate and whose assistance had been given
to the states attorney in this case. lie
considered that Rutland was just the place
to try this case. He made no complaint of
the manner in which Rutland journals had
reported the murder as he considered they
must necessarily represent the shock which
the public feels at such an occurrence.
During Mr.. Nicholson's argument the
court adjourned until seven o'clock in the
evening.
EVENING SESSION