The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1876-03-16

which she did; but, instead of the poll.
ciss being transformed into annuities, the
poor lady died. 1t was grave blundc1
of the count to tell the doctor, when he
came in, that Madame Pauw had fallen
down stairs for not only was this denied
by abundant testimony, but the post
m'ortem examination betrayed the pres
ence of poison as the cause of her death.
At once thereafter the Count de Ia Pom.
merais came into the possession of the
half millionfrancs which accrued under
the policieSand the will. Here occurred
a singular incident in the trial. It is
clear that, if the count had intended the
fraud in earnest when he proposed it TO
Madame PAW, and really designed to
obtain for her an annuity by its means,
thus securing to himself life income,
he could have had no serious motive fol
killing her. And this was actually his
defense against the charge of murder
He declared, and tried to prove, that he
really meant to carry out the fraud, and
that Madame Pauw's death was a catas-
trophe and an accident. Thus in trying
to clear himself of the grave crime, he
coolly confessed the lesser. But the
proof contradictory of his case was too
clear; he was convicted and duly execu-
ted.
It has been said that very important
link in the chain of circumstantial evi-
dence is that of opportunity. To show
want of opportunity, that is, an alibi, is
an absolute answer to the strongest in
dictments, and produces fatal flaw in
the chain. Opportunity to commit the
crime must be either proved outright OF
inferred by the most conclusive presump.
tion. There never was more striking
case illustrative of this than that of the
young Scottish girl Madeleine Smith,
whose trial at Glasgow may easily be re-
membered by many readers. 1t may be
said that the trial was one of the most
interesting in British judicial annals.
Madeleine Smith had engaged herself to
a young Frenchman named L'Angelier.
It was clearly proved that she had tired
of him, and was anxious to disentangle
herself from the connection. But Ian
gelier clung to her, and refused to be re-
buffed. There is no doubt that on sew
eral occasions, just previous to his visits,
she had purchased poison; or that, al
ways after these visits, he was seized with
severe illness. On the seventeenth of
March Madeleine returned to her house
in Glasgow, after brief visit to some
friends. The next day she purchased
some arsenic, 'sto kill rats WITH" as she
said. The arsenic bought, the next thing
she did was to write to L'Angelier, invi-
+. ting him to tea on the evening of the nine
teenth. he happened to be out of town,
and did not, therefore, get the note until
it was too late to accept the invitation.
She wrote again on the twenty-frst,
urging him to come the next evening,
and saying: II waited and waited for
you, but you came not. I shall wait
again tomorrow night, same time and
arrangement" This note L'Angelier re-
ceiyed. So far the proof was clear. 1t
was also in evidence that he started from
his lodgings in excellent health on the
Sunday evening, and that he sauntered
in the direction of Madeleine's house !;
this was at nine o'clock. Twenty min
utes later, he called on friend who
lived but short distance from her resi-
dence. Here the evidence utterly failed,
and left blank for four hours and a
half.
At two in the morning, L'Angelier was
found at his own door writhing and
speechless; and in few hours he was
dead. The autopsy betrayed a large
quantity of arsenic in his body. But,
between twenty minutes past nine and
two, no human being could depose to
having laid eyes on him. Madeleine
herself denied that she saw him at all
that night; nor was the slightest proof
forthcoming that she did. She was put
on trial for the murder of L'Angelier !;
and, although her desire to get rid Of
him-that is, a motive; her purchase of
arsenic-that is, possession of an instru-
strument similar to that which was
found to have been fatal and her notes
of invitation-that is, fact from which
a strong probability of meeting between
them that night was established-were
fully proved, the absence of all proof of
actual opportunity to commit the deed
availed to save the prisoners life. She
said, in effect: 81 was at my house, and
can prove it; he was not there, for defy
you to prove it; therefore 1 have an
alibi." The Scottish verdict mot proven"
set her free, but did not clear her of the
stain of deep suspicion.
The story of the Danish pastor, Soren
Quist, is one of the most touchingly
tragic in judicial records; and once more
exempli6es Paul FevaPs complaint that
justice is sometimes too quick to seize
upon appearances, and neglect the suppo-
sition Of fabricated evidence. Soren was
a clergyman of middle age, settled over a
small, primitive parish in Jutland.-
Pure and irreproachable in character,
genial, generous and devout, he was
cursed with fiery aud ungovernable
temper; yet he was universally revered !;
and varied his pastoral cares, as is not
unfrequent in Scandinavian countries, by
cultivating a modest farm. He had a
daughter, gentle and comely. A farmer
In q neighboring village, one Morten
Bruins, we'll off but of bad reputation,
sought this daughter in marriage, but
was rejected both by her and by the pas
tor.
Soon after a brother of his, Niels
Bruins, entered the pastors service as q
farm hand. Niels was lazy, impudent,
and quarrelsome, and frequent alterca-
tions occurred between him and his mas
ter. One day Soren found the man
idling in the garden. A quarrel ensued,
when the pastor, his hot temper getting
the better of him, struck Niels several
times with spade, saying: II will beat
thee, dog, until thou liest dead at my
feetp The man then jumped up and
ran off into the woods, and was not seen
again. The rejected suitor Morten, after
his brother had thus mysteriously disap-
peared, boldly charged the pastor with
the crime, and offered to produce con-
vincing proofs of the fact. Soren was
therefore arraigned, when the following
evidence was arrayed against him. A
man testified that, on the night after the
n,,o rro1 ho co1u tho poraon in hi0 green