The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-20
THE Y0ST MURDER TRIAL.
MN. LYMAN TRAMhIN's SUMMING
UP FOR TIE DEFENCE.
A Critical Review of tho estimony- Dis- |
crcdittna the story OF Johr Benson The
Inequality Of the struggle for Justice.

crcditina the story Of Johr henson THE
Inequality Of the struggle for Justice.
JonNsTowN, Feb. 10 Almost Mt break
of day might he seen the nucleus Of the multi
tudc which at later hour thrpngcd the area
about the court, and In one dense rinss sought
To gain admission. "A the current from every
direction reached its confluence at the door,
men we're Lifted from their feet with crushing
force aud borne helllessly forward 10y the resist-
lcss tide. Every inch Of the insufficient space in
the court room was speedily filled, and as soon
az the murmuring Of the audience could be sup
pressed Mr. Tremain resumed his argument.
In his opening remarks Mr.. Tremain SAID he
couh conceive Of no moro solemn scene than a
court sitting In judgment upon the life OF
human being. There were all the surroundings
and paraphernalia to produce lasting impress
sion. Before any one even the Judge, noble IA
he may he 10y integrity and honor could be-
come an actor In this great drama, he must take
WOW faithfully and fairly to discharge his duty,
and each Of you addressing the jury In respond
ing 90 ne mandates OF the law IL obliged TO
take a solemn oath to decide this case, not &C
cording to ex parte statements before the Coro-
ner, but according To sworn evidence deliver
ed In presence Of the prisoner The sheriff. the
Crier, the Constable aud all must register their
oaths In heaven before they come here. We
must leave our dusty sandals at the threshold
before we enter this temple Of justice
AN UNEQUAL STRUGGLE.
Mr. Treman then referred to the inequality Of
the struggle the commonwealth ON one hand,
represented 10y Its sworn officers. and assisted 10y
two of the ablest and most discreet members %
the professions on the other a young inpn,
twenty-five years Of age, with neither power nor
wealth, with none to help him but his father. a
respectable mechanic who has hammered from
his anvil few thousand dollars. Though the
people desired the administration of Justice and
though the counsel for the people would ally
aud mantully discharge their duty. yet he felt
sure that none would rejoice more sincerely
than they at the reflection that the stigma and
stain have been removed from the hitherto un-
furnished family Of Smith. Counsel eloquently
appealed to the Jury to steel Themselves against
| OF the prosecution. who might. after all. Toe mis-
| taken, and that the injury was none the less
severe when inflicted by honest than 10y
| to the immense rewards offered by the
Governor Ool for the arrest and delivery to the
| o. conviction. This was premium to excite the
| hasest motives. lie alluded to the testimony of
Benson as Its natural fruit. IL man is to be
| convicted upon such evidence, we may bid fare
well TO safety Counsel then referred TO the
enormity of the fourfold crime Of robbery. burg
| larry, murder and arson with which the prisoner
at the har was charged. requiring the strength of
evidence To he in proportion TO the malignity VI
| the crime. lie also portrayed the disposition to
| torture everything into evidence Of guilt. when
| the prisoner is borne down by the weight Of sus-
| rlcion, his depression Is construed as evidence
| Of guilt, and when he nerves himself TO the
| deal he il a bold and hrazen criminal. Ecker.
| when he related the conversation between him
and the prisoner on the morning Of the murder.
| thrice omitted the only expression In the PRISON.
! ers favor.
REVIEWING THE TESTIMONY.
In entering upon the discussion u the evil
dence counsel divided the subject INTO three
| heads. first, the inculpative evidence; second.
| the eXculpative evidence and third. the rules u
| law applicable to case resting upon circumStau-
tial evidence. He said the theory ofthc prusccu-
ton that the dis olution Of the partnership en-
gendcred malignant and revengcful feelings.
! which cropped out IN occasional threats though
he still kept the confidence Of his friend and was
! freely admitted to the bank up Ia the time that
his diabolical purpose was contaminated ~ the
| blood Of his victim, was not only a probable but
| the only hypothesis upon which To account for
| the Preparation OF the deed. The evidence
must be Inconsistent with the prisoners inno-
cence To justify the inference Of his guilt, The
| situation Of the bank protected by single man,
| In a room accessible by an unfastened window,
a travelling band of showmen in town. was most
favorable to the robbery Of the bank by band
| Of burglars. The pistol found on the table was
first supposed to have been the one With which
the deed was done. but since the discovery Of
the one in the gas house, Just before
the trial began. this Part Of their theory
has been changed which show. IN what
| theory was 10y far the most reasonable, With
the pistol found In the tank they absolutely fhil
to connect the prisoner-an easy thing tu do had
he ever come into IL possession. The events Of
the fatal night and the following morning we're
reviewed. and their inconsi stency with the the
DRY that he was DIGGING lu,ts footsteps and
that he guitily avoided going t. the scene after
the ground before John iost, the brother OF the
deceased. got there.
BrNsoN's STORY pIsCREDITED.
The testimony Of Benson that on his knees the
! prisoner In agony had exclaimed. " My God. l. II
possible killed Ed Iost. admitting the truth
Of the story, what did IL prove When ash I'd
what Is the matter, he replied. why, did say
anythingY' He was therefore in a state Of I'M
consciousness, and the rambling words Of 4
accepted as evidence Of guilt. or all Of III would
have been hanged dozen times The dream
was consistent with his entire innocence. How
many Of Us have not awakened while being sem
fenced to death by the judge hut John Ben
son stands mpeached 10y witnesses who testify
that repeatedly he has avowed his belief in the
| prisoner entire innocence, and who have heard
him declare his intention Of obtaining the re-
ward, and also 10y three respectable witnesse,
who declare that his testimony Is not worthy ui
belief under oath. The confession of Jennie
| Smith that communication from her brother
had changed her answer was an evidence
| Of her truthfulness She had changed
her answer to the correct one, moi
10 a falsehood, when prompted 10y the shak,
of her brothers. head to think. and not even To
save her brother would She deny what she had
considerable time was devoted to the testimony
OF Mrs. Henry, sister Of the prisoner whiCi
proved the impOssihility Of his having pcrpe
tratcd the deed, unless her testimony hc ar
bitrarlly rejected, and no witness had been
called to impeach her vcracity. Counsel coul,
not but rejoice nj having placed the prisoner oi
the stand. lie did not faltcr or fall into CON
attributed to him shows that they were but III,
sudden outbursts Of passion
Mr.. Tremain announced that he would rcqulr
hut little time to conclude his argument. nut
the court was adjourned until 1879 \. NJ. Monday