Ellsworth American., 1877-05-24

WlttlFF NuH unu bht Nh@h -
Therefore this point deserves your eonsid-
Grafton.
Inc motive imputed by the government
Is either money, or a violent aud uncon-
,roiled carual lust Can any other motive
be conceived OF:
FIr,t. a. To money, and the facts bear
ing on that point. Had Mrs. Ihayer
money: You heard the evidence a 10 her
having $50 In bills. Did Smith know the
fact? The government contends that he
would be likely u know il. or AT least to
suppose il; that he Was much al lIlm :
house: was In conversation with the old
man and his daughter, aud must have
known more or less of their affairs. They
contend that no stranger would be likely
to have known IL.
The defense saws Others would be likely
to know it: their neighoors would; that
Trim was seeking to invest or use the
money. calling vour attention To hi, max
Ing inquiries at Homers. In this connec-
ton call to your attention part OF the
testimony OF Walker inasmuch a. counsel
differ about that. The reporter furnishes
me this note OF what Mr.. Walker said upon
the subject II examined his wallet.
Somebody at that stage OF TIE invesiiga-
ton spoke oi Mrs. Thayer's money. smith
in answer said. he didn't believe she had
any money: that she told him she knew
too much 10 keep money in the house.
there were so mAUy tramps around. l
then looked him in the eye, aud pat the
question somewhere from three TO I'VE
times To know when she told him so. |
obtained no answer
Now the government contends that the
accused was in want. out OF business and
prospects of business: that he had an in
tenlion To 90 away; that he knew OF this
money aud he resolved and attempted To
get it. On the other hand the defense con-
tends that no such consideration could
have induced the prisoner 10 commit the
deed: aud that his former position Ia LIE.
the places that he has filled are an answer
to the imput4tlop.
- much for mousy. is the murder Ia
be explained upon grounds of the other
motive named. Ii so, the government
contends that the guilty man, in that case.
wouLl much mole likely be an scquaini-
ance than d stranger; much more likely 10
be a man near to, rather than far from
Mrs. rhayer; 4 person whose soul had
had time to become stepped with lnciIua-
tion and desire and such passions as may
be the consequence Of lust.
Gentlemen, whoever did the deed. the
idea NAV have been neither murder nor
rape. but 4 step may have been taken
which led to one or the other. OF both
Criminal history exhibits cases OF the
strangest character OF that sort. SOM
body had a motive If you hnd the deed has
been done motive OF some kind, discovered
or undiscovered. must be laid at the door
OF some murderer.
And the governm ent puts this pr"po,i-
ton; that whoever did the deed had mo-
tive 10 do more than 10 commit murder or
rape. that there was motive tor a con-
oeAlnent OF the fact Of murder or rape
that the guilty man. whoever he may br.
had "a motive to induce the world To- be-
iieve that the murdered persons were ur>-
troysd by an accidental firc aud not mur-
dered: that the object WAS To avert su--
picion from himself; that no man not in a
condition to be suspected would have
troubled himself about obliterating evi-
dence OF the act; that a stranger could
have committed the murder or rape and
gone along that an acquaintance or neigh
bor or person occupying position winch
would lead him 10 believe he might be
suspected Of the murder or rape, whatever
il might be. would have an additional in
ducement to do Just what was done II
cover up all evidence OF anybodys guilt
that you must, they claim that you must,
believe therefore. the deed to have been
done by the accused. or some nelshboT or
acquaintance; and that upon the evidence
YOU will be satisfied that 1t can only be
the accused.
! Ia tins connection. gentlemen, neither
counsel have made point about il, A. 10
+ the cotton batting. and the condition ln
which II was found. You will judge
whether il was consistent with rliling the
person for money. or done for the purpose
OF invading the sanctiiy OF the person foi
other purposes.
! have spoken, then, upon the points OF
opportunity. ability and motive. We pa,
now to such incidents OF the conduct o
7 the prisoner aud a. 10 his whereabouts. a
are presented by the evidence Of the case
Take them in the order OF their alleged &c.
currence. Begin al after tea time, Friday
al Mrs. HaIrlman's house.
Now the position of the government j.
and they contend, that all these Incidents
OF conduct can be explained only upon the
supposition of the guilt OF the accused. and
that they are altogether Inconsistent with
his innocence; and the defense contends Il
/ the contrary.
I The government say it is improbable anO
unnatural, il innocent, that the prisoner
/ should have gone home st all that night
r that he was not expected by bis family T.
come. or BY Harrimsn's family to go. They
say i is unnatural that he should have
been in doubt about going at that time o
night-his statement being that he was de
! liberating Ucon the question Of going
They say IL is unnatural that he should
! have gone in the dark evening instead O
going before that time. They say 1t is Un
natural and strange that the prisoner
should have gone without giving notice &c
anybody OF his going, neither TO Mrs. Har
riman nor 70 the girl-they both testifying
that he was invited TO stay. aid one OF
both Of them testifying that they supposed
he would stay, and he himself saying ii
his testimony that be gave them no notice
that he was going away.
They say il is strange and unnatural tina
he should have gone home in the rounc
about way he said lac went. The govern
ment do not believe that TO be true story
they do not admit that he went as he say
he did. Their idea is that he went on In.
main road at later hour IN the night
aud that his story OF taking another route
as pretense and falsehood. fabricated t,
screen himself from the appearance oi
guilt.
The idea OF the government is that ht
fabricated that story for either one or th'
other of several reasons.
First. either 10 account for himself be
, ing 30 late home. or second, SO Il, not {,
! meet the argument that lie would hay
been seen by the other parties who wer
on the road al the time he would hay
been on the road belog Andrew Uarrl
mans. Or third. because in such case n
would have been likely to have met tn
E Snow girl and Mrs. Tbayer. il he wen
; when he said he did, and had gone upoI
the main road; aud that upon such state
ment he would have been confronted b.
the Snow girl.
The government contends that IL Is i'm
: possible tor you to believe that he woulo
have gone by the route he says he went
on what they contend TO be purposeles:
erraDd.
The defense says he is corroborated il
that statement by his testimony that h
! saw the lighted school house on his way
and that the fact could have been dis
proved If untrue by the states callin:
: proof.
The government, as TO that, in argu
ment, replies that the prisoner did no
tell that fact TO the officers. and that tn
inference is that he has ascertained th'
fact since, and added it to his story