The Morning herald., 1875-09-20

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Las{ Scenes in the westerve els 1rtsl. |
4aiH ai?4 4phrnssh' hss1nsnah'JL osr CHI 0, svpa,
ELcocK 10 THE JURYLwBsrsRvsLr AND
HIS FAMILY WEEP B1rrsELY-7nH tytsr
sr1LI' oGtT: '1oH| ',, ~ :, 81 VI % .'i' e
Upon tho, opening of court Mr., Brown
said he would ask the District Attorney
whether he would insist upon Che rule al
the court id regard to the right sf eopssei
70 argumllsnt.i He said ,tAas IN inportss.
taseslof mistlemsanor both cosnssl for ne
defnSe 'hadnbe9n allowed to spssky lRs
quoted tAe cases Of Com! Vi. Tech, Con. VI,
Measer, ccpm :,ys. Husband, in support Of
his argument, "'''", ',.g ..''S',''''t
MR.. FoRD's ARGUMENT TOR THE DEFENSE.
He began by congratulating the jury at
the near end Of the trial. He read the statue
which spears, on the ease, The, first court
charges tie l prisoner ri ona;Vit With abduction. Now
to convict upon this Indictment it is necces-
sary for, Mr. Westervelt to have been con-
cerned in sthe abduction and committed
within this Jurisdiction. = The second count
charges the harboring of the child, and to
that VIM. Westervelt T had Ithis child and
kept it in his possession. The three remain
Ing counts are what is known as conspiracy
nj mil Tod iv,N NaHiy
State this prisoner cannot be held Nahle, ,and
\ this courthas no jurisdiction. This. law Of
conspiracy comes down to us from, older,
times. His Honor will charge you that if
| there lis a doubt in your minds you must
give tho prisoner the benefit Of it. AllIthe
evidences dn!this case is circumstantial. To
must be Of such character as to leave no
doubt in your mind Of the DEFENDANTS guilt.
Mr.. Hagert said that he had informed
Mr.. Brownthat Mr.. Sheppard would speak,
| andlthought 1t very queer that the defense
hient and want to- know what would be
done. He should insist on the rule being
observed,rs4 .f.I
Mr.. Brown replied and said that he did
not previously understand the NATTER, and
He had came into the case upon invitation
Of his colleague, with the understanding
that this man was entirely Innocent of the
charges made against him. On no other
circumstance, said the speaker, could / be
induced to take part in his defense. ,..0. D.
Judge Elcock replied, and said he would
insist on the rule being observed. III 5gs 81
In discussing the testimony, Mr.. Ford said
that although the evidence of Westervelt
and his wife slightly contardicted each 9TH
er's statement, it must be remembered that
the C0namonwealth's 8 witnesses were in the
same fault. Humanity is not infallible. He
dispaoved' the fact of Westervelt visiting
Mrs. Mosher's residence in the month OF
july; in her statement, Mrs. Lyons said that
she saw him, but she has made mistake of
a month. She has unwittingly made a mis-
take concerning the visit in August. We
take up the statement made by Westeryelt
at the Central station Without this state
ment they would not dare ask for the con-
| viction ofthis man. Because there has been
some difference in these statements, the
prosecution asks that the defendant be held
iaccountable. You are asked not to believe
! what he said under the solemnity I0f the
oath, but what was told while under pro-
\ mise of being set free. This is not Ameri-
can law. \ I.N,lrl4f
You are asked to convict this man because
he did not tell where Masher and Douglass
were. He did not know where they were,
as they never told him.
! AFTERNOON SESSION.
l Court reconrened ,at2 o'clock, when Mr..
Ford proceeded with his argument, The
prisoner looked very bad.
| Mr.. Ford considered the Identification of
| VIM. Mosher's handwriting by his brother
Gil. He showed two letters, one, the letter
written from Philadelphia, by Mosher and
the other one Of the series to Mr.. Ross. The
jury were asked to compare these. Gilbert
Mosher had not seen his brother white for
seven years, and had not seen his brothers
writing for four years. You are asked to
believe that he could identify his brothers
hand writing. There certainly must have
been some better evidence that the common
wealth should have had.
He called attention to the bolstered testi-
mony of Mcdowell and P0eley. Such men
he does not believe. Po0ley was twenty
feet away from the man in the wagon. Mrs.
Peer gives description which she might
have been in any newspaper. Mrs. Peers is
believed to have become. so deeply interest,"
I'd in the Ross case that she deemed it her
duty to appear against the first victim
brought up. There is officer Moran, who |
hung around the purlieus of the court house |
Sor three weeks, ready at any time to be
called to the stand to fill up any chink in
the testimony which Was wanting. Captain
Helms comes here to bolster himself up.
He is the great American traveller. He
has been to Camden, Darlington, New York
and Baltimore. His acts and those of Super
intendent Walling in connection with this
case are excusable. The fault of these men
in not arresting the kidnappers is criminal,
and they should low be before you. They
are Is much on trial before the public as
this man is before you.
Mr.. Ford thought It likely to suppose
that Mr. McKaan in thinking over this