Ellsworth American., 1877-05-24

composed. would be sufficient Tor the pur-
pose The learned counsel who argued the
case for the state, adopted this, for his III
ustration.
have heard it very well Illustrated 10y
the fable of the lion and the fox. The fox
wa; invited into the Hons den. As an in
ducement to visiting him. the lion said hat
foxes were in the habit OF visiting him
there; but this invited fox had detective
qualities; he was wary and cautious. and
he took a survey of the premises, 10 see II
he would go into the cayernous place; ana
he observed that all the tra"ks of foxes
seen thereabouts tended inward 10 the
cave. and none tended outward. He rea-
soned in this way; il see tracks so uumer-
ously going in, and few tracks of foxes
coming out, there is possibility OF my es-
cape from the lion. II | go in; seeing more
OF them there would be probability OF NV
escape : and more still, decided PROBABLE
ity. I'll see as many tracks coming out
a. see going in there y certainty OF II ;
every fox who went in may have come out
But seeing all the tracks inward aud no
tracks outward he declined To 20 in. His
conclusion was that if he went IN. he new
er would come out.
Now these comparisons serve To Illus
trate. and are not to be regarded too liter
ally.
in this case the tracks or indicia must
not only point towards the guilt OF the
prisoner. but ihev must be of a quality
and character sufficient. in vour minds. 20
establish the fact cf guilt. There must b.
enough OF them OF a quality and Kind 10
convince YOU of the fact sought to be
proved The government contends thst
there j. in this case a concurrence of ar
cum>tauces, 4 combination of citcum-
stances, large and little, network OF cir
cum>tances sufficient to satisfy you of the
guilt OF the prisoner. and that there are
not any important opposing circumstance.
when the whole truth is ascertained
That Is their theory and position. and that
l. now the question before YOU.
This brings Us 10 consider and apply the
testimony The natural order OF the al
legged facts may perhaps be fairly divided
upon the following points.
First: what opportunity had the prisoner
10 commit the alleged deed.
Second: what fbday had he to commit
T.
Third; what nioflrs had he to commit
Fourth: what other circumstances and
facts, if any. are there tending 10 show
that he committed the deed; and what
facts and circumstances are there, If any.
tending 10 show to the contrary.
To return then in the order OF the
points named; and nr>t examine the facts
which appeusin to the question OF oppor-
tuuty. Ascertain. gentlemen, A. near a.
Nou can. the hour and place when and
where the murder was committed.
Mrs. Charles Hartman SAYS tina: Mrs
TEaver len her house 20 minutes past as
near as she can state Il. She had about
half a mile 10 20 to reach Andrew Hsrri-
mans. The Snew girl says she parted
with her near Andrew Hartmann at the
street. az about : o'clock. Mrs. Lizze
Hartman. OF the same household. saws
the girl returned 10 the house about hlIf
past o'clock. She had then about 40
rods. more or less. TO 60 TO reach home.
Johu ". Hartman, the elderly geutle-
man, testified he had been absent thst
evening and got home 10 minutes Of S a.
near a he Can state.
The theory of the government Is that
Mrs. ThSyer never reached home that, il
she had. the young men who were there
must have seen her il they are believed.
The theory OF the government is. that she
was killed before she had time to reach
home from Andrew IIarriman's. sud that
she must have been Killed between half
past !. and quarter to or O'Clock, near
her home.
To support this theory besides the testi-
mouy OF Moore and kmerton. the state
relies upon the situation oi the blood
found. the pools OF blood and the drops Of
blood, tie situation OF the cloud, the rub
bers and the comb, the bloody rock a.
found. and perhaps some things else
To confirm this theory the state relies
upon the fact that neither Mrs. Thayer or
Mr.. Trim had been to bed, as shown, they
contend, by Trims having clothes under
his back after the fire; and the bones OF
Mrs. Thayer being found at the same spot
With the hair pins, supposed to come from
her head. and the screw driver from her
pocket.
The government rely. then. upon the
fact Of the time and place when and where
the murder wa. committed. They rely
upon the fact, as coutended that it was q
dark night. They rely upon the fact. as
they contend. that the prisoner knew she
was TO return from the post office aud
when she was 10 return, or about when.
They say that no other man Is Known 10
have know the same fact; that Smith was
shortly before the terrible event near the
place. and last seen there by any person
who saw him at al that evening; that h-
coaduct was lettering and suspicious. in-
d!cating some deliberation and intention
that some person having knowledge of the
premises must have done the deed; that
no stranger could have made in the dark
the explorations OF Trims premises that
were evidently made by some one; that no
stranger could have known Mrs. Thaver',
whereabouts; that no strtnger was seen
about there; that il was no place for
strangers; that the noises of travelling
testified TO are accounted for.
They take the position. then, that stran.
gers must be excluded from having any
reasonable opportunity t. have done this
deed. They take the position that Moore
must be excluded from suspicion. the
young man aged 2l, who SAYS he was al
the house. that evening. They take the
position that Emerton also must be ex
cluded. the boy who was also at the house
whose age is IA. They take upon thi,
point, finally, the position that no one had
such opportunity 10 commit the deed ID:
the prisoner had; that you cannot So,
that any other person against whom sus
piciOu could attach had any reasonable op
portlnity to commit the deed. Therefore
upon this point the government stoutly re
lies upon the position that the inference il
fair one that the prisoner must have dom
the deed.
On the other hand the defense contend
that the prisoners position before goin,
home was merely accidental; that il /
explained by subsequent events that vii
be hereafter alluded to; that Curtis an
Emerton had opportunity. aud that other
might have had that any theories abou
it are liable TO error aud mistake.
As far, then, as this point OF Opportun
~ or superior opportunity is concerned
decide what you believe TO be the truth
and then use your conclusion in connec
ton with all the other facts bearing upo
the main issue OF the case.
Then as TO the ability of the prisoner I
have committed the deed. The govern
ment contends. that the prisoner at th
bar had an especial ability for il. The
rely upon his apparent physical strength
his GOODNESS and courage. They say tina
the evidence and his appearance show yoI
that he is a man of art and ideas. and tha
the deed was done by a man of bold ant
bad ideas.
This idea is also advanced by the gov
ernment in argument; that, there being al
acquaintance between the deceased an,
the accused, he would have had oppOrtu
nifty of aceostiug aud approaching Mrs
Thayer without disclosing his intention