The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-12

nat npcI. Nnl LOWS Nprlnred That Such heels |
Ward. Baucus. md others said the hole
through tho window was too small for
smaller when II l,r the gun. and thus
accounted for the sriallncss ~ The holc. Lows
clarel TINT The bullet won, through the window
IA a low vrlo .ity. and Loot thought Il was n high
one. ward. llasgn. aud Lewis shy mat z grain
tn" Jury were 10 consider all these facts as
hearing upOn the weapon used. They could
Judge. however, called their attention to the
fact TINT the shell was rusty that IL was driven
ont OF the chamber 10y q ramrod. 1t WAS their
duty To weigh the evidence of these experts.
So Tar as their opinions led the Jury
- n belief they were e. u, adopted. They would |
be likely to inquire how the shell cnin" 10 he in
the gun and the gun in the well. The force Of
the evidence TINT the prisoner was not In direct |
possession Of The gun was woakrncd 10y the loss |
OF il. II the gun found III tho we'll was tho gun |
used. was fact OF the highest importance.
The Judge next considered the question. OF |
light Of the evidence. for the prisoner to have |
been near the window whom the shot was fired. |
The theory OF the people is that he hnd formed |
II plan beforehand and determined how to COM
init the crime; The theory OF the defence is |
heon on the spot rom which the shot was nrod.
Tho question IL. Did he have time, according to
the evidence. to do the decd and reach wash
The Judge then grouped the witnesses ns to
time. The iabulntion has already appeared in
told the truth the prisoner must have becn in
tho Wnshhurn house eight minutes before the
shot was fired. All the estimates OF the time OF
made, under groat excitement The Judge
would express no opinion as to the
Jury. The people. hqd boldly challenged the
accuracy % the Washburns.. They challenge
Isaac testimony because OF his manner me
stand. The counsel on each side had sified
this question Of time, ard the jury must Judge
between thom; The pe9ple sought to discredit
the boy Virtue He swears he lot Finnes
house three minutes niter the squire: met
nobody while. going, up. and saw no hors,e, at
tue left the prisoner passed in wagon with
Isaac.
plete and the jury cannot convict the prisoner
TO tho incidents OF his lie. Tint be led a lazy
and shiitless life. tho Jury might he ready 70
| believe. but that he is a vaEahond AMI rascal Is
nSt shown The gs9p' ask ySSb ri to oS
Virtue. Burton and Fnno say he did
not got the boat Mt thnttime. and Nichols. Dey9e.
| the truth H. Tor the Jury TO determine. The peo-
! pie claim. IL Jones did gct the boat. that he was
an hour and foorty. minutes in rowing some
| mined by the jury. Truth is always probable
and faschool improbable. Truth docs not
shape its words and has no purpose 10 I'LL. IL
is different with lalsehood; and IT is for the Jury
| To adopt the truth and detect the ialsehood.
| The defence requires more scrutiny ana none
is SO easily fabricated ~ an abb. II the evl.
dcnce points to the conclusion that tho prisoner
arrived at washburn's within ten minutes after
| the shot was fred IL was OF the greatest import.
| ance. He could not run faster than those who had
tried the route laid down by the PEOPLE,, IL had
| been done in eight and min" minutes. The Jury
must take the evidence as 10 time in the light OF
| other facts, The evidence OF the prisoner Is to
los received precisely to the extent which tho
! jury believes 10 b. true.
The people claim that the wagon was turned
around at the red gate, and the horse stood
! says he went 70 the end Of the lane. Hammond
asserts that he drove w the lane on Wcdncs:
| day morning and saw no Track leading beyond
the rod snte. Welch and Gilbert went up after
| ward and confirm Hammond. They sHw where
| a wagon had boon turned around NJ the red gate
near the well. Dufkee and Woolworih were up
on Wednesday. and declare that the tracks did
not show that the wagon had been turned
led RICH, on TO the end OF the lane bearing out
the assertion Of the prisoner. Gcrham and
Wilson assert the same. II the prisoner went
20 the end OF the lane and did return. there is
no evidence that he stopped on the way bae K
and hitched MIS- horse with hs head toward tho
were We're following the track Of Hammond's wagon.
The Judge then anniyzed the conflicting evil
dence as to tho tracks. and laid the result be-
back track from the bars where the prisoner
went for the hammer. Thus was an important
matter. IA 1t tended o. confirm III" statement OF
tho prisoner. Terhune claims that the cast
door Of tho Metcalt Office was nailed when no
saw the prisoner crossing the garden. The
prisoner says he was in there few, moments
aiterward. and the door WAS opened. Nhoopen-
. eel 10 WIS n Qur Ston Tor me Jury 70 determine
Reed allowed hc made one OF the tracks N the
' flower bod and would not swear he did not
make all three. but THINKS that he did not. lie
could not see tho impression OF the irog al,
though il was pointed out TO him. Wolf and
Parker say the boots fitted the tracks in the
4 flower bed. Markham says the rim around ,ht
i These tracks we're first discovered by Neon,
key. and he swears that the boots filed al
, hut one. Witnesses for the defence Were
. first at the hole IN the, fence and
SAY they o9seryed no doges line , Of ,rScE
) | that led into the garden. they might not have
seen those leading in the opposite direction
I that thoy saw them aiterward and nued tn
boots TO them. Tho Jury must consider wh(
1 IN the cornncd on Wednesday morning. and Ia,
defence claim that the detectives were Hitting
o the boots 10 purkee's tracksi Out purkce say
nesscs declare that the tracks beyond wer,
. more plain than those below. Tho boots nttet
! made them. VINO had the motive and why was
he running? Was il Tor the purpose OF throw
1 The Jury must consider the charge against
l sherman. They had heard his evidence Gnc
3 seen him on tho stand The Judge did moi
| considered. hut he asked tho Jury to consider
I whether Sherman's emotion nj sight Of th'
: It's discovery As 10 the conduct 81 tn
t prisoner after the murder. the Judge snid tina
euuiVocal rxl rcssions were TO he CAREFULLY re-
viewed and considered in the light Of timo ans
: place. The daughter says she exclaimed
| | " Three times and out Amanda iAllner say
A | she heard her say This is Il pretty time 10
you 10 fall at u womens feet. when YOU hhqy
. done this cruel decd" The eNpressOn "Tha
n | shot hit the ono II WAS intended 20 nit ma
I | have been made 10 quiet tho fears OF Mugg
D Mahoney, The Jury must determine. The re
/ mark 10 Isaac Washburn concerning con
a spracy after they got into the wagon and be
. fOro the prisoner knew his wife WAS dead. mus
: be carefully considered.
: Oithe facts urged By tho defence the question
. OF an alibi Is the most important. and tho mos
= conclusive. II the jury finds it true. II is no
: shown where the cartridge came from. Tn
4 prisoner Is not shown 10 have used the gun
: H. inquired for H. but there is no evidence tina
i he used IT, Tho defence claim tho crime WA
= committed by another person. Tho Jury mus
y decide as TO the value Of Jennie Billngs's evi
L dnnce concerning the man that Il Is elaine
II ran across the road. Cannon md Lott say tina
S tliey saw man running, but Madore Passnov
il who was with them. saw no suen person.
e After summing up other testimony concern
Ing this man the Judge SAL TINS is very l!l
r and incunclusiye evidence. Who wRs tho man
n What motive could he haveY Why was he run
1t ming and. IL he committed the crime. why wa
= he On tho towpath All these were question
= for the jury 10 answer.
) The deience claim that the conduct oi. IN
n prisoner was that OF an innocent man, hus
Al fnnI II erplV sorry II maV seem tua