The New York herald., 1878-10-12

ncent 70 hold him, and he must be discharged Jones
swears he was fishing. saw Billings drive ous Of
lane and nve alter the shot was heard. The
prosecution are disposed TO discrsdit the testimony
Of Jones' The People brought three persons
to contradict Jones' and the defence IN turn pro-
duce four others 70 subslantiats his allegation.
You must weigh the witnesses. Truth Is always
frank and probable. Faisshood has an end Mways TO
pose That the defence have alibi does not rebut
the fact that the murder was committed, leave for
you 10 say when the shot was fired. Who're Billings
was at that time how long he had nelhs
and reach Was sbburne's; how long he remained there
and when he reached home are important points.
THE MURDER AND THE SCENE AFTER
II you satisfied Billings did shoot his wife, then
you must give him placement the time the deed
was committed Witnesses swear they Billings
IN the held sailing bis cattle His rament was be
rparersd with mud the people claim tns as proof Of
his falling down while alter committing the
deed The rubber boots produced in court mat
eriai evidence. Billings admits wearing them The
was In the house. billings admits making
soIS to Savng mad. nsm ~h,s ro,urnng % sss
shooting his wife. Jennie testihes that shs
m rked, when her father entered the room, ''Three
times and out!n MIS- Durkee says Jen ME d,
dons 'lhis deedl' Mrs Passno says Jennie re-
Billings replied, ..What Is done cannot be undoDe.n
You TO judge OF mis- language as an evidence OF
guiit or inrocsnce Ifthsse are to be taken as ev-
dence Of guilt they add It's weight II as proofs OF
his innocence they are the natural ougrowth ofexce
menI
II has not been shown that there any
cartridges in that viciuity like the found
gun. IL s not shown where the gun prior 10 the
murder. About the other person whom the defence
say committed the murder Jennie is shown TO have
across the road; several persons CLAIM have
him running down the towpath; hat was found.
Tuis theory s 10 say tho eas', very evidence.
BILLINGS CONDUCT IN COURT.
Tho defence CAIN the couduct Of Billings that
Of innocent man. His demeanor is that OF u man
of contented conscience or one who has an extrour
him sitting here tor days and weeks judge for
yourselves OF his acti0ns IN that respect
FUNCTIONS OF COURT AND JURY
Do not mistake The calling OF The counsel. They
are here not to bias but to abet the Of
justice. Your verdict must be based upon
foundation. The court looks alter tho administration
Of the law To you Is intruscd the disposition OF the
either OF irisndship for or opposition against ,he
prisoner. You will remember tne prisoner tn be
held innocent until proved guilty. that the evidsnc
to be acted upon must be conclusive and exclude all
doubts be ore warranttng verdict. Circumstantiai
evidence IL rs good as any other when definite aud
plain. Ii after a reasonable examination you in
doubt the benefit Is his Your duty Is grave one In
that the pubic demands saiety at the hands OF such
tribunals as that winch you Oil.
THE MoMENroCs QUESTION
II you md that Mrs. Billings was murdered BY this
your verdict will be, guilty Of murder In the
nrst degreen II you do not 20 and. you VIII decide,
THE JURY OUT.
The Jury retired tive O'Clock, after Instructions
from me Judge Inst they could only confer with
Court in the presence Of counsel from both sides and
the public were nonnsd tnat the court would be re-
assembled on thesfinginx OF the Court House bell
When jury retired they took with them The Billings
boots, caro,ne bullet and the maps OF the This
evening the lights are burning 10 the court room,
which 10 occupied only by few officials, while in the
village the people are awaiting ior any tidiDgs from
the jurymen Billings is below. IN his CELL with his
father and frie nds, and s chatting, joking and
laughing msrriy with them. seemingly the least con
cerned OF the group.
Al eleven O'CLOCK tne jury had not answered, ant
the Court House was closed tor tns night