Ellsworth American., 1877-05-24

| strengthens and fortdes the testimony of the
experts 10 such an extent, that you must, upon
| the whole, come TO the conclusion that the bulk
| OF blood found was humau blood.
And then government RELY. to fortify the
same position, upon what they say was an
attempt upoa the part of the prisoner to re-
| move the appearance OF blood from his gar
| ment by dyeing.
The defense takes the position. that what
| ever was found. was rabbits blood. The state
| take. the position that ii Is impossible that
| there should be such an amount OF rabbit.
| blood upon the garments.
| The state relies upon the fact that when the
statement. that blood was upon the garments.
! was made 20 the prisoner. be did not state TO
! the officers that he got blood upon him from a
| rabbit or any oiner source If ypl believe
/ them.
The counsel for the prisoner relies hpon the
statement Of the government wifes,es. OF
! Doctors Chase and rreadwell. that blood uf
other measurement than human blood was
+ found In the pocket Of the coat. aud upon some
| part Of blade ~ thr Knife: bting OF me a>urr-
! ment that wonld correspond with rabbit,
blood a. being strong point. that ali the
| bl.od might be rabbits blood, OF from some
| other source than hum IN being.
1 The defense relies upon the statement 0f the
! prisoner a. 10 killing rabbit and carrying
/ II inithe manner in hich he -ay> he carried IL.
1 gtfiag HIM an opportunity e. get rabbits
| blood upon hi garments. The state does
not believe the sorry t. b. true. anl you have
D W
I And then ,to show that 1t wa> not an i'm
/ probable or strange proceeding upon thr part
81 the prisoner % ,lye hi, DO TINT morning the
/ defense relies upon the statements ur the W ifr
and others that he before that talked toIt dive
Z Ing ihe coat. The state At Eut> thar -. d con
/ NcrsatlJns We're casual, And tur eyId urc of
them exaggerated. IL not male Up q, The
J prisoner or hi friends.
And The state rehe. upon the 3 that the
/ prisoner would not have dyed thr ttt "a ,nch
) a m Ne. al a I,-
! morning, II II was not for the cone. n-ni OF
/ blood. They urge that It was done s4pxIiug-
! ~ that the dye was put over the -itpts 4
( blood that It was dyed under one Sleeve and
/ not under the other; that blood was under
/ one ,lvecVe and not the other.
( The state take> IN" position that fal>c rN-
I ci,e was given f1r dyc,ng II thai h" >aid thu
! coat was 10 b. dyed upon the promise ut Li>
J gong u a temperance meeting sandy; that
/ hc didn't need the coat To wear tn such 4
meeting that he had better garments for th.
/ purpose, that he got up early That morning.
/ according 70 hls own story. aui prepared
I k'nding wood - prepare the dye: that he
/ told the Officers that he helped hi. wifi dye
I the coat; he saying upon the siAud that. be
/ thought he first spoke that morning 90 hi,
f wife upon the subject.
: The government says IL Is strange aul inn
probable that that proceeding would have tax
en place a. it took place. Il It wa. not 10 cover
The track Of blood. And the counsel Tor the
/ defense says, tha, II was not improbiblc. but
I ~ pursuance of previous uudcr-tandug
\ upon the subject: thai II was ju.t what the
/ parties might naturally do, that il was not
f done unusually early in the morning. The
state says he told the OIL err that u wA- done
I early IN the morning. that ID done be-
/ fore thei brv akfA,t dishes were washed that
/ the coat wA- very wet and dripping; and that
I sil the appearances Ia relation 10 D, were Of a
Suspicious character.
NON, gentlemen, take All thu testimony On.
on that point, what the experts Say, % lar j.
{ YOU believe Item. what the prisoner Ia, sad
- fsr a. you believe him, what his Wife la.
sAit sl lar A. You believe hCr-aii the t"sti-
muny-and decide whether YOU Hrr. or MT
satisfied that the coat was dyed that uorntus
for the purpose Of ob.ttcrailns the appearance
Of blood.
Thea the mex circImsiance, ia tn. pArt ~
the ca,c, i 10 relation t. the finding % the
hair. hair j. found on the coat uf ini.
prisoner fixed. a. understand d ~ oac end
io me under pocket. same broken hair. are
inunl upon thr cloud of the drcci~rl. Thr
experts testified that, ia their JUL l.ment the
hairs upon ihr cloud and ~ tn" packets camr
from the saInt head that they can j ,llnEug.h
. hair. nj THY 4l>o tc~'liy That upon the
cuul they found hair of ! rrl iIsA character
which came from the bcari oi mau. The.c
hairs have b'cu exhibited 10 cy.Irngr before
Z YOU.
The state rcllcs upon the fArt tha, fhe experts
T called by the prisoner do not testify that the
/ hair. could not b. distinguished. AMI did not
/ themselves examine il ullrr the iu,trumc ul
I which they had here.
I ssNow. A. 10 this the counsel flr the prisoner
! says YOU cannot b, satisfied when or where
I that hair got upon th- coat. or when Or whore
that thar gpt upon the cloud. that T.. tAr
I wht-kcr hair; that the garments haN. hcrn In
/ different hands. aud exam uei 10y dliIsrrur
/ person., aud subjected 70 various accileul-
V And while the government relies upon tins a.
Y an important aud sOmewha, ItIlCIryum>laucr.
/ the counsel for the prisoner argue. 10 You that
] Il must b. regarded a, Of no consequence, and
I entirely unimporiant a. bearing upon the man
Z issue of this ease.
Z The counsel for the prisoner takes tn ground
That the coat has not been carefully kept. Yuu
4 Will judge tor yourself about that, gentlemen,
YOU hAte hearl The testimony A. 70 whr A4I
The coat aud Tie other garment ami articles,
. and with what csrr or otherwise thy have
1 been preserved. liza. anybody hai an int rest
20 tanper with th,ms III. Anyb,d, hal 4
I mOttN, and 40 interest 10 put blood upon TAOS.
gArmeut': Gould accident have put blood
. upon the garments?
The counsel ipr the prisoner c1ntcnI. TIA,
accident, might have carried thH hairs where
they were found. certainly, % tar a, The COS. /,
| concerned.
Now, grnt etu-n. how far YOU are 10 b.
swased and Influenced BY tins point i mater
for your own caTciu. consideration. The STATE,
ia respect 10 II, take, thi, position, Il UNDER
stand them. They say II make, against the
prisoner; aui they -iy II u does not mthc fpr
thr state ani against the pri-purr. tr Ipr- ~,
maAr against the state ami for toe prisoner.
They say they reveal TO you such rc4m. an, ,
a they can become po,.e..rd Of; and when yuu
are satisfied A. 70 the tru'h " those Cirgum-
stances that They either point u the prisoner ur
ihry do not pOut from the pri-oncT; that II the
Circumstance docs not help igculpalr hIm,lt Ia,
no tendency u rACuipair n,Iu. Asi1r mt ancr.
suppu,ius Il hal been found that The shi-kcr
hat b-cn jet black, h- being IL 4 reddish color
then the argument might b. raised that 1t was
not likely 10 Dr. hi-. The state takes the tp,,i-
ton that Il the Circumstance which /, exhibited
to you does not ad them Ia th-ir view, It can.
not possibly all the defendant ia hl. view.
And the same remarA i applicable to some
other points, they either 20 Agau-t tue
prisoner or have ~ weight at all
To illustrate; half a dozen persons saw
transaction which took place in the street;
four persOns arc called TO testify to what that
transaction Was, Ii also appears. that two 9TH
er persons were present Al the time. The nat
ural inquiry viii be, what i'll those two other
persons say; II they are called. aud give the
same account Of the Transaction, then the testi-
mOny uf the four j. fortified by the testimony OF
the additional two. II they testify thar they
have no recollection as to what took place. Il
has all passed out Of their minds, then they DO
not fOrtily or corroborate the testimony ol the
other four, nor does the absence Of their testi,
mony necessarily detract anything thercfrom.
Now the position Of the state is that thi, hair
i Of consequence. The position Of the defense
i lnat IL J. OF no consequence. lhen the posi-
ton Of the state is, that if il does tno good to
them they have not in any way brought by il
any aid or encouragement To the position Of th,
defense. The value Of the positions taken by
the respective counsel, and the truth OF the tes-
timony In relation TO il. i entirely for your
consideration.
The prisoner has testified for himself Tn,
wife has testified for him. If you believe either
of Them or both, or the testimony. substantial
ly, of the prisoner or Of MS wife or OF Mrs
Eldridge, You Will judge whether the accused
can be guilty OF the offence alleged against
him. II he arrived home at half after min,
upon the fatal night, you will judge whether il
does not exceedingly lessen the probability Il
It does not create an impossibility, that b,
could have been the guilty man.
THE state says in view of the testimon,
which they have introduced here, that the tes
tnony upon the part OF the defense cannot b,
believed. In the first place they say :he wife
is contradicted by the testimony OF Mrs. Web
ster, Mrs. Webster testifying that Mrs. Smith
told her upon sunday that Capt. Smith was il
bed with her when the Webster. came in tha
night.
They say you cannot believe Mrs. Smith be
cause she j. contradcted by the testimony OF