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


'Dere are few causes incidental 10 ibecase
mat must he proved by that careful mail
Es's "f witch You are the Judges bofor.
you condemns man IT, an nnli,pely death
There are few circumstances that INNS,
Ne made clear. You are not going Ia con.
V'ct man purely upon ciicumstanlial evi.
dence. If Mrs. Ann Freeze was muir lered
You must prove who did il. There are n
hundred men in this community who we've
equally capable of doing that crime; who
knows but that some man who wishes TO
lnJure this man committed the crime which
they are now trying to prove against this
man. would man possessed of any brains
lhat had been as open in intercourse with
his woman as has this man, would he have
been likely to commit this crime. as a man
with soft hands, one who would not work.
but who in the shades of night visiting her
house and seeing her money and yaluables
coveted them; would this man at the bar
have been more likely to commit the crime
than he.
The prosecution must satisfy you that
John p. Phair and the same L. f. Smith
arc one and the same person. If he had
those goods it is no sign that he murdered
hcr' and it in the sworn evidence any one
OF these links are broken. the case goes
down. When they prove to you all the
Twelve cases, if there be any doubt in your
minus IN regard to any one of them, he
goes free and you are to be careful. that no
Link is lost.
Gentlemen of the jury, do YOU know be-
yond doubt that Anna Freeze was not
murdered. We have got beyond those DAYS
Whch men were convicted of murder be-
fore murder had been committed.
DO you know that she is dead? You are
to be satisfied that she is dead; and you are
not to hang any man until you have gone
over the entire ground What is the evil
dence to show that she is the same person
whose remains were taken from those
ruins! Were It not for the dental tooth
taken from the ruins, that d.. Lawton
care not swear to, you have no evidence.
|
there not really doubt that the tooth was
moi hers, and if there is the Identification
Is not proved. Here ale mother and sis.
tiers who have had the last, long, lingering
look at the burned and charrcd remains.
and they dare not swear that they are the
remains of the daughter and sister.
We claim that the trip to Boston and
Providence was taken in pursuance Of an
original plan, as persons that have been in
innate with him for long time have
sworn. You don't know who committed
that crime or when the murderer left town.
he might have left on The midnight train.
The fire was kindled beyond all question
by the murderer who designed it for Il
slow fire. We don't know by what road
or what way the perpetrator of that crime
went to Boston. Had Phair committed
that crime he would not come back here.
knowing that the officers of the law would
take him into their clutches If he had
been guilty Of this crime would he not have
kept clear of Rutland people. and vet
| "hSH giving All utcDtul OF MS absence he
tells of riding with Conductor Stewart, who
upon seeing Phair entities him as the
man.
If one drop of blood could have been
found it would have helped The case of the
rofccuiion, vet not a drop has been dis
covered; they claim that by b Ing in Ger
tain positions, blood could have been
drawn SO that person would not have
received any on his person. They claim
that there is no necessity for blood. Yet
they take key on which there is drop of
rust, and the garments of the accused, but
no trace of it can be found. They ask YOU
to believe that he threw the pocket-book
away which the boy thinks that he had.
but cannot swear to, because he only had
80 on his person when arrested Gentle
man of the jury, he had no more money
than that because he was not the man. He
spoke quite strong upon the point of the
handwritings exhibited, and closed with an
appeal 10 the jury TO acquit the prisoner