Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1875-04-15

dye black. II was proved that thepris-
oner never wore any other than light
clothes. The argument Of the State
win be that prisoner split the first coal
on and bought more at Mechanicsyille.
The prisoner came to his home on the
4th Of January with rint Of coal oil.
aud returned the bottle to Love from
whom he had borrowed Il. One box of
matches to fire pint of cosl oil II too
much, and still he bought tNomcro 6uxeg
. 49, 3acA nnicavilIe 1fepr1d n64 hAyeheeI
the same man-E so, such conduct il
evidence IF moral ir. ,sponsibility.-
Cough did not positively say that the
clothes Of the prisoner were dark. III
he had dark clothes, the State should
show where he got them. The prison.
er returns TO his home wearing light
clothes. The overcoat smelt of coal oil,
this was nothing remarkable, as be had
put the coal oil in it. When he return
ed home the same bottle was in his coat,
and the same as borrowed from Love.
The State pretends to trace the horse
BY his track-teH me that this can DO
donei What evidence is there that the
prisoner at the bar rode this horse p
They tracked the horse to the stable OF
Graves, but did not 60 into the stable
and see the horse. Does not doubt that
the witnesses thought the prisoner gull
iy, but the jury cannot from the evil
dence think SO. WIN. NJ. While, . black
smith, testifes that q horse cannot be
identified by his track, and Mr.. Ward
testifics that this track might have been
that of mule. The State contends
that the testimony is conclusive, but re-
fleet, and think if a horse could be
tracked for % miles ut the speed the
pursurers were going! On the 3rd of
January, 1872, the sun rose at 40 min
utes to z o'clock, from the burnt build
ing to prisoners house it is so miles.
! Eniers Lathrum testified that the tirc
occurred about / o'clock. Now trace
Graves from this time. He arrives at
the Head Of the Bay about 8 o'clock, .
! distance OF 35 miles. His horse was q
small horse, and had been ridden from
Leonardtown on the evening previous.
still he makes 35 miles in less than two
hours. 1t is strange that the track
made by prisoners horse at Tom Guys
on the evening previous should have
been identified, after it had rained all
night. evidence is strong.
but each link in the chain must be
strongly riveted, each circumstance must
be proved beyond reasonable doubt.
If you believe that Catlett told tho
truth, then the prisoner must be ac-
Quilted. The State has not shown who
rode the horse, but simply tells you
that the prisoner burnt the house for
the purpose of breaking up the match
between Miss Guy and Burch. Why
did not Burch marry herafter the burn
ing of the house There was nothing
to stop it. The prisoner wandered about
goaded by the desperation of his mind.
and returned to his home bringing with
him all he had bought. The State has
failed III making out a connected chain,
and the jury should take IN view things
which the heart alone can try. You
have the liberty of fellow in your
hands. The jury must think that there
could have been no malice in the heart
Of the prisoner. The criminal law pun.
ishes for crime, but there could have
been no crime in :his case, it was love.
He loved her, and loves her yet in her
grave. She knew best her own heart
and loved him. / trust that the ver-
Dict of the jury will be mot guilty"
RogrET G.. Coa8s FOR DkyENcE -
Ny learned colleague in this case has
made such an appeal toyou that hard
" deem il necessary for me to say more,
but it may be my duty. Let me remind
YOU that in criminal cases the crime must
lie proved to a moral certainty. You
must not only think soiu your own minds.
but you must be satisfied Of the guilt
of the accused beyond a reasonable
doubt. Every presumption is in favor
If the accused. The rule is different in
civil cases. In civil suits the side OF
!. preponder1ting testimony gains, but il,
criminal cases the crime charged must
be clearly proved-ore man is on one side
and the hole commonwealth on the 9TH
r.. grant that there are suspicious cir
cumstances surrounding the prisoner,
but there is no evidence connecting him
with the burning of this building. Ho
was seen no where in the neighborhood.
J He was seen at the store of J. j. Cough.
. Catlett saw a man in dark clothes with
!: dark moustachc. The prisoner never
wore dark clothes in his life, and his
. mo1stache is naturally light. 1t In
proved that on this evening the aecus-
. ed wore a light overcoat. The jury
might infer that the aeclsed was the
, man that Catlett saw, but the State
must prove this fact con lusively. The
, fact Of some one buying bottle of coal
oil is no evidence that the accused burnt
, the building. He cannot be traced with
any certainty beyond Chaptico. The
) next effort on the part of the State is to
: FIX the crime on the accused by the iden-
: tifcation Of the track of q horse. A
blacksmith testifes that this cannot be
, done. Enders Lathrum was among the
! pursurers, aud coald not identify this
: track on account If other tracks along
. tie same ro1d. l. is strange that the
same track should be identified At Tom
GUYS, made the evening before, aftes
= il had rained all night. These pursu-
: ers were satisfied that the accused was
> the guilty party. and suspicion made
l them certain o: the identity of this track.
l There was nothing peculiar about this
track, tracks OF horses ara generally
: similar, or At least Two can be 70
= alike. The Identification of the track
L.