The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-14
A STRANGE CASE.

THE INNOCENCE OF THREE MEN DOOMED 70
| DEATH ON cIRcUMsTAsTIAL EVIDENCE
ATLANTA, Ga, May II, 1s7a
Some months ago the HERALD contained a nemarkas
BILE story OF the conviction OF for murder
upon circumsiantal evidence tho subsequent dis
covery OF evidence that stayed the execution Of
tho drsl conviction. An important discovery Jua
made revves this story and shows how unreliable th1
strongest OF crcumstantiai evidence may be.
About one year ago Mr. Rozer, a we'll TODD meF.
chant OF Sparta, Ca, was murdered while walking
his store 10 his house. His body was discovered
by tho Town Marshal, Griggs, and two men named
Lovett Barnes who reported It family Of the
deceased. Tho murdered man had been struck with
heavy blunt that forced hts skull 10
without breaking It, Suspicion fell upon the Marsha
and his colleagues, and detective was sent tor -
work tho case up
A PROOF
The crcumsiantlai evidence as ainst them very
strong. Their stories did not 1t other and were
proved The facts to have boon false IN some particu-
lars. For instance, they ciamei that they wore In
saloon whom the door was pushed open and Mr.
Rozier. bleeding and staggering showed himself and
said that he had been murdered; that he thcn stag
eered back the place where he rss attacked and
there died.
The detective then showed that II would have been
impossible for the wounded man havo walked this
distance without staining the ground and tho door
with the blood which was then pouring from Linn
The friends Of the accused then showed two spots Of
blood the edge Of the saloon, but the detective
proved that they LETT by negro BOY who bad
cut foot with piece of glass; In recouniing the
articles found In Mr. Roziers pockets his was IN.
terrupted by Gri2gs, who said. "He also had some
tobacco thero" The boy denied that his father car
ried tobacco. Grggs who had not seen she pockets
empted, incautioasy insisted that he did have 10
bacco. Upon Investigation II WAS found that con-
trary usual custom, tho deceased had started home
with piece OF tobacco In his pocket. Tho question
then arose to how Griggs knew that Roster had
tobacco in his pocket With hundred such slight
links this the chain OF clrcumstantal owl
dence forged. and the unfortunate men wer
convicted and condemned. witness was alss
introduced who sworc that no was sleeping In
the house opposite which Rozser murdered; thai
be heard tho scuiii.ng, the heavy blows and the
fall OF tho body. He then heard a sound as Of
dragging IL away, accompanied by groans, and was
about 10 get up anu 60 out, when he plainly recog'
nizcd Grggs' voice. and Knowing that he was tbs
Marshal supposed he simply dragging some
drunken fellow 10 the lookup, and no went back 70
bed He was subsequently awakened by the return
OF the scuiers the repetition Of groanS and curses
and the general alarm. He ntelligent witness
and that he had recognized Grggs' voice.
! Tho very skiliully worked up by Mr.. Mon
Afghan (detec,,vcl ttai possi.
| bio escape for tho doomed men, Tho carried
to Supreme Court and the judgment Of the Court
| below was affirmed.
ANOTHER THEORY CASH.
Just here some starting developments were made
Detective Murphy received letter from the wife o
| Lrggs, tho condemned man. VINO protested In thu
pitable terms against the conviction OF her hus
| band, declaring that she know him to be innocent
Touched by her letter Mr. Murphy determined TO look
into the case and went down Sparta tor that puE.
! nosa Ha waa sat nj n G had
made against Griggs ant his fellows, and
| no went work another tack. Ho discovered
that on the day OF tho murder q number OF roughss
/ then belonging TO Howes' London Circus. which was
summerng ut Augusta, Co., had been in Sparta
and had disappeared during tho night He became
satisfied from several small circumstances that these
men connected In some way with Rozler's MGR.
| dor. This suppositon explained what had hitherto
been inexpcable-viz, the nature Of the wound BY
which Rozer's head had been crushed without the
skin beng broken sandbag used about q circus
tent was about the only weapon that would do such
work this, and this ugly weapon Is frequently used
by circus fakirs whose object Is usually 10 simply
| stun man, that they may rob him and get away 4
blow delivered heavily would crush The
skull In. Murphy at once went TO work on the
circus, which thon travelling through
Canada. Ho soon mado out Q case
against employees OF the circus through the story
| OF u tent pitcher named Enrght. This man said thas
his two pals gone up the road sho day Of the
| murder and had returned the next day loaded down
| with swag. They brought pistol and watch, said
Enrght which he they Tailed exactly
| with the articles taken from Rozier's body when be
was killed. AT Cleveland, ONO. Murphy arrested
Enraht and took him back TO Georgia, where he made
| his statement in clear and convincing man.
| neE His evidence not sufficient however,
| TO clear tho condemned men. although II
| effected stay In tho proceedings. Through tho
publication OF Enright's confession tho two circus
| men. then near Washington escaped arrest me
| two detectives, Monaghan aud Murphy, have since
been engaged with the case, Monaghan insisting that
Grigas and his comrades wero the guilty men, and
Murphy insisting that tho takers had done sbs
bloody work. Tho whole Of Sparta Is divided ON the
question ind tho problem was unsolvcd and apar.
| antiy unsolvable, when suddenly new developments
| were made.
Neither detective had abIo get sight OF the
pistol and watch stolen from Mr. Roxlor's body aite
| tho murder. or course tho discovery Of other ol
| these articles. II they could DO traced back. would
settle tho question OF guilt Consequently descrip-
tons OF them have been frequently seut cut and Tho
most selrching inquiry made for them. Al last the
watch turns up and q way that certainly seems
| to DO "scttling." negro named Alfred
Cook, living In Albany. Ga, showed
| watch to some one, who was astonisned 81
4 his having such nne one Upon investigation u
| was proved that ne had bought the watch from
| couple or tramps who going through tho coun-
| try toward Alabama This purchase was nadc . low
| days after tho date OF the Rozier murder IL was
sent Sparta and Identified The watch that Roxies
had worn at tho timo Of his murder The description
! OF tho uamps who sold Cook tho watch salliss
| with tho description OF tho two circus men
| who wore accused OF tho killing. Mr. Murphy also
proved the last heard OF tho circus mon after
they left Augusta their trip amer tho murder Was
that they had turned up In Mobile. They would have
had 10 pass through Albany in making this trip
| It's impossible TO say what the effect Of this nsv
and unexpected testimony will be, II has NOT yss
boon generally made public. send II TO you IN I'd.
| vance OF It's public uso, and will advise you OF 10
| M. A am rkahl In than maj