The Morning herald., 1875-09-17

y 80 % r'fH tF4i .
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heavy countenance; I was riding, walkinI
my team northeast; he was going the sam
way; be knocked at the door of the house
somebody came out and he went to anothe
door; turned around and looked at him; I
was on the right hand side of the street from
the way 1 was going; don't know who lived
five feet back from the street; he stood
sidewise when he knocked y, al
the door; wasn't at the house more than 9
minute; was opposite the meat house
when he came out; was few yards be.
yond him when he went to the next house
cant tell when ] first told about this; never
told anybody about this until after this trial
commenced; never rtold anybody that I had
suspicious of the man that saw, until after
l came in Court, Mr.. Ross lives about q
mile from me; knew that the child had been
stolen; that rewards were offered, and that
inquiries were being made about strange
men being seen in Germantown, but never
suspected he was the man; I notice all
strangers in Germantown with bad faces;
the man had on a coat similar to the prison
er; can't say about the hat or the panta-
looms; he had moustache, was sunburned;
had whiskers; but none about the chin; his
whiskers were dark brown and about as
long as they are now; didn't see
him again until I saw him in 1.-The
courtroom, can't say what day that was; /
think told Mr.. Lewis; I paid no attention
to the testimony, from where I sat /
could mt hear anything; the only opportu-
nifty / had Of seeing him was the two or
three minutes in Haines street while Il,
WAS PASSING ALONG.
Officer Moran recalled to show that ef-
forts had been made to bring Mrs. Ann
Manning here as a witness, which efforts
had failed. '' -
Objected to, and objection sustained.
f The Commonwealth then closed it's case.
Mr.. Ford said that on behalf of the priso-
ner, they were willing to submit the case to
the jury without argument upon the charge
of the the crime, They1did not think they
could elucidate any matters in the case fur
ther than they are at present. The whole
case was one of fact. l
Judge Elcock-You had better argue the
case.
Mr.. Hageit-The District Attorney thinks
that he can elucidate matters in the case if
they cannot. .. .a'
Mr.. Brown-Maybe you will find out your
mistake If the case is argued. -
Judge Elcock suggested that counsel had
better arrange as they desired to speak.
The court then took a recess.
Argument for the Commonwealth.
Special despatch to the Herald.
PHILADELPHIA, Sept. 16 II P. M.-When
Court reassembled in the afternoon, Shep-
pard took up the argument for the Com
and said: Conspiracy being
and a continuous offence, all
parties were principals. twas also a secret
offence, and the Jury should draw their
of its existance from the actions
Of the defendant when they were considered
with those of Mosher and Douglass. Com
N cnwealth depended not on one witness
hat wos "ircumstantial but on some score
# witnesses, eac,, contributing, a fact an.
IL concuring. He next named witness who
roved the abduction and alluded to the let
ers and death of the abductors,
Bay Ridge. This part had been proven
y circumstantial evidence. The Common
'ealth had fixed upon two of the men bv
lrcumstantial evidence by it they also pro-
ose to fix the third. If: the jury had
elleved one portion it would believe the
her. The speaker then referred to the
atement OF Westervelt, of WaIlings testi- .
ony, and OF the agreement. bet ween priso- !
r and Walling, to aid in delivering men
ID child, his failure to tell of certain things I
ID alleged that ae was acting with Mosher =
d Douglass hoping that if they were caught
get part of ther reward and if thew t
,aped to get part ransom of the child. S
said Westervelt was connected with the :,
duction from the rise of the curtain to It's r,
and was principal character. He in h
need numerous cases where he failed to II
e the authorities information, and where "
put them on false trails. He alluded to IL
bulk of the testimony, and character /:
ng alone against Westervelt; did not deny ~ ~
OF the evidence, but only the parts where :
shoe pinched. Sheppard argued this was ia
possible, either all or none of what wit NJ
said was true. He concluded by saying to
Westervelt was in Germantown in w
latter part of July inquiring after ed
Ross money matter. Thereafter clt
abductors wrote in letter Augusr no ~,
lrth, sayinb when we found ou. how / d
!y you were fixed we were going to let cit
boy go for half the money. Thts he me
showed Westeryelts connection with cal
abductors. .'f &. ,GI7I VIC
he Court then adjourned. or ?. w.. cit
pm -->.> eve
IN THE Tolls po: