, 1877-10-13
rrdce Farwell Decides to Let Car
pentsr and Hia Little Book
Come In. .
ra.o,ue Of tho Facts md Figures rro-
duccl by tho Pair before the
Grand Jury.
rx.state'a.Attoruey Reeds Testimony
Saves 6weetEer from the
Stand.
Tho Case for tho Prosecution
Virtually Closed.


The attendance IN TIC ef'm'na' toult ycster-
lar was very mcngrc, tho Interest In the mcm-
~. ~ Tho Co,1nLy NInr on trial being an.
M1s n,,u ~ xcrx st;oht Thc nroscc,ttou .rorc,,
pasehEl5 w.; s'.t" 49, 9ss..s..s ~ 49,.
hnothef onila.cse' a'u thc 'a"3eFo 'or ts'o
defense and tse accused themsctses were very
nr.yo1s at what seems Inevitable iltw,-n con-
.'or ~, at least. enlargement Of The iury.
'EeD ~. ar,,rc,,t. m ihc adr,issfhi1.v ri Cor.
lne t'"..s ~ ~ -. ~ ~. Gss..,, 49,
oonrt,,I3el % Tr.aav @ nrhl ',nor .ho
Ing hesa,aa essn Of ftr tno cur. s '''" '''
'p~ .upoE rAnwsit
,o., - a.. ,'s,, 49, 49,, t..
said great WV, y, t"uo Aao oecn IaAca w )"
the discussion Of Tue question, oeeauae' as ic
,moortans one. not only With reference to tho
I's,o,,v oirerc,l. Int wt,b refrrrnrr ~ t,,ot
tcs..Hun, ,ts H. s,tTex.s 1..~.sr..s .ors,,..",.
which woulo oo oac'ca hereafter lo"eet"er'e
lion Of son,c considerable difficulty. becauss tho
.n,horitlcs were not entirely uniform. and il,c
Aus"'' .,.,,a,, .i,,,,, ,or..+, r,,,.t, !. ,.
pF'aap'e9 .'s', o"o" $500 Hoa'.a ~ t"es1
on both sides were very familiar with questions
NJ this character from their extensive practice,
~ .as tncl,ncl tn rlyo them nil Tho TINA t,,rv
w ."..o,oh,v !. o1o,,,rn A., -
A.ter heartng WHAT TIC counsel had 10
car. and examining tho authorities tn which
tlcY hal referred, he was only confirmed In the
impression that lie bad at ilFsf--that the Gus.
t[oa Was difficult ono, and tho authorities anil
orinions OF the press upon tho anljcct were not
to 10 recancllct. lie did not th|nk TINT :l,c ex-
nrcss}unB which wcrn sometimes uacd. anil tho
ttateincnts made BY the Judges III discussing
The question, to the effect that tho only qrcs-
ton to be considered as tho reason 81 tho
ruc applicable to these cases was as to whether
the confession III the witness was to 10 l,eliertl.
lie thought there was another principle WHICH
~aa tn be kept IN View, ~ vel! as tne Nlsstion
ssto whether truth was 70 % obsal'1cd' ant.
10 be-. compelled to. erminato, himself.
lie could not be compelled to furnish clial,t,
OF any links In Chain, which might hind him;
md lie hal a right 10 that protection nnl the
application OF that principle without any refer
enso to tho question whether By being com
pcl!ed to answer, whether by being puk under
HI. Gath Or being subjected to imprisonment
for consenlpt for not answering, OF being torsur@
That principle was nlways to be kept In mind.
ThAt was light which
EVERY MAN HAD
under our laws and our Constitution. n wns
Ill ages. Different pt,!scIrs and dtfcrcntcu customs
hasl prevailed with fcicreucc to getting tho truth.
and different. rules had applied; but that was
tue son,mon law OF England aud Of this coun-
try, III tany cases embodied in Our Constltu-
ttoHs; It WINS tho law, whether tic Constitution
sald anything nbout Il or not. Another prInct-
pic vas that when. in criminal trial, confcs-
lion made BY q prisoner was sought to 20 put In
ss1dencc, tho Inquiry arose, under What * ctrcum-
unlrr such toree or promised hopes a., on general
principles antt according to tho rules laid tlvwn,
would deprive Il uf tho quality Of reliability
lhcre wcro t"o different grounds with refcrcnca
/, this subject, whlchdit not into cnrh other.
Ono vas That a man should not be compelled
In any way to cr1n,lnnto himself He might
ltop 10 Inquire IN anY court, before any tribunal,
Il tic chose, md say I" / cannot answcr theso
aasstlons without eliminating myself, Or iar-
n!thipg rFtleuce which mtVhs tend to crItqlnato
me and lead to my cxnyictlon." The onlS dlf.
fgulty vas to apply thcse principles and to sec
Whit hal been held by tue Courts.ana what, on
the whole, tho r,llo seemed to be when + as to
hcn uniformity regarding It. One cnse did not
seem to larmoi!xu With mother. One principle
seemed to be recognized in ono case und another
principle. IN anuther case, and therefore
iax wa. hut ~ ncnrly a. io could get at it
IRON the arguments, and thu authorities, and
the consideration lle hna given tho natter It
seemed to l'i1n that the principle which gov:
tic law took Ioil OF man and said. HYo,l arc
eharrc,1 witi, rert.tt, crinc.T antl nroceccd tn
,o,ne iulical investigation with reference 10 It,
they Ind no right to
for TIM nnrnns, ~ ~sccr, nsnnT ybcthar ho ~.
euilty or nos.@to obtain from Tim n confession ~
II thry 4Ii IL that liz ,sn. mt tfcnrIvcd ~ lila
riphts' 1nv ststsrcnts r,nic ~ him ~ ony nv
anr,,ments nTnlnrnt} hv him' Z in wi Mhtch ny ~,
btlwra hnl Fnnv rirht cnmf3 mt I'e uso,i
10 hts prrludlc IN nnS further rrorcri1fnra. Thc
man wns mt nf,iTrtl IN sn"h - rnxe ~ saw. Il
nrntrs; II" ,'5ccan ~ nsu ,aas s@1H i,,-a, a., ho
Nas nrotcrtrts II - ,sn,,n,a;nt wns ,nodc ,'c. @
forn + IirenI .1nrv that knnc onr ho"i s,,m.
Mitieu crime, and In" arr,,scii gas ssnt % f,,r
md examfnr,I viii rcfer"nr" "a ti,c nitcrcn
crlme withnut nrntast M Tia nnrt w,th1,It
nutlye ona way or tia otl,cr in refcrencs to III
r.vhta.-lf hr wn. mot cvcn informed ~ wl.af
thc !u,,uirv WA nhn,,t or WIN xns susner,e i.N
tho prucccdnr. hn thonglt. was illegal.
and wllateyrr fnformotInn WA wrcntT,.,}
IRON tLa man ronlti pcvrr hc s,scJ
ng..lnst lin: mr. rtm,1d nnv Documents
pbtuined under such rirc,,,nstn nnrc.. T.hIs NM
INT with reference tn whethr1 ria mnn wa tn
be believed or moi, IL WA Ior tns rensnn thnt
no man in this county SHOULD bs iYuni It, erIt,
ttlate htnlsett. W {ar lie hatl M tln,t,i' Hmt
aluther question aruse: aunnosr a ,non wcrs
nut ci,argcd with esime, e,-yere mt nmirr nr.
rcst,-.but IN inquiry Wa bcin. fns,i
&utrd as to SUPPOSED or nos.,i,ic rr.1nc
with reference 10 some nnkrnwn ri.
fender, what, then, were the rirhts of ,
party who might bo brought b.torn ibs offircr.
o3 the law ur triouI4lt Id ctyil rase II !