The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-12
WAITING FOR THE VERDICT.
,uE JrRY ~ THE INNINGS MURDER
TRIiL OUT DELIBER. TING.
.,.,,. Up the Court Room Go Them for mn
,n.Niabt Orcupatiou--An Impression IRE
.au,ns thnt they will not Aeree-rhe rris-
-. cell Decorated with Floral GINS.

auNE
p,rtsroS. oct. 11.-Mr Moak concluded
3 argumcnt to-day. and tho Judge charged
,.,lrv. Mr. Moak spoke twcny-siX hours IN
al and began to wear out before the conclusion
",,Is sueech. At times he seemed to loso the
,,raaJ o, his argument and his power Of
snavss. and came very near losing his voice.
Al. Lssau by asserting that the defence had too |
,,,,v witnesses, and there was too much uni
,,,p,i,y in their testimony. Too many of them |
,,ore sitting with their watches IN their hands.
owaitipg the report VI the gun. The theory /
so,,nel 10 be that numbers carried weight.
Mrs Reed swore the shot WINS fired at 1895. |
Mrs Washburn looked ut her clock at 80. and
estimates that Billings arrived there ut $40
IN, she was undoubtedly mistaken. Ike swears
no, II WAS $40 when Billings came. but" said
n, MoaK. wouldn't hang II dog by the hind
legs GU his testimony
The shot may have been fred before. but
could not have been fired after $780, Nature
moved this. The Dudley Observatory showed
,hat the sun set on that day at 7:32. Everybody
lnows that within an hour after sunset it Is Gs
dark as It Is going TO b.. At $500 tho darkness
Uoudb. settled. All tho witnesses agree that
uhen they heard the report OF the gun It was
not fully dark. 1t was twilight.
Mr.. Moak then pitched into the Washburns.
described Isaac with his tongue out copying his
sisters answers 10 Ques tons for a school exam
nation. and pictured Phebe humping the
riauo while her mother was washing dishes.
cooking. ind sewing. Then ne went Tor Isaac
scsP II eSr n, e., "a nnH no. h wns inie mo, % aa
inc the hair when Gen. Hughes intcrfered. on
the ground that there was no evidence in the
ease that would warrant the insinuations.
Judge Landon-I SUI pose the case is TO be de-
cided upon the evidence in the case. and not
nm the evidence out If IT,
knock pl the gNnlpfup- K n f.. from
the hand ot Mr.. Moak. He then went for Jones.
saying that he had no home aud no reputation.
HIS honesty WAS about as good Us his memory.
Jones' told how he asked Finne Tor the boat that
night. and Fiune gave him the wrong key. and
he had 10 return TO get another one. Tlcn he
went 10 the stable and sot the oars from Virtue.
Finue Virtue. and Burton swore that they r..
membered such \ circumstance. hut Il occurred
weeks before. Finne sworc positively that he
did not lend him the boat that night. To bolster
up Billings. Jones gives true events and wrong
dates he sed that he WA was IN ava hurry
or fifteen minutes passed before he was
on the river. Circumstances proved that
he lied. Virtue left Finncs house twenty min
utes after to drive a cow up to n neighhor's
He did not return within an hour. Bates
wore that When he was was gong Hymhg ne , m
la had heard Jones asking Fiuno for the boat
Allowing this TO be true. Jones swears no got
IT, oars from Virtue. Allowing him ten or nj
teen minutes to get into the boat, and he must
have b"rn an hour and forty minutes rowing
thirty rods where he saw Billings turn out OF
tle IAae toward Washburns.
Now. Mr. Moak said ' concede that Jones
miserable worthless devil, Of no account
for work hut | submit that IL is u little too
riu,h ~ ask Us 10 believe that he was an hour
aud forty minutes In rowing thirty rods. some
thing always catchesa lar. and this man Is
fastened beyond a doubt"
The learned gentleman then confronted Jones
with the counter stntenenti lac mao Inade 70
oluded his remArkabi. speech.
Judge Landon began his charge 10 the jury
nt2 7. VI. There were no requests TO charge.
H. began about As follows:
Grs5llNss rqr JvRI on ias evening Of Ne t.h Of
June S' E nns ~n, n; 4 es, wndgw sn re-
gun pistol outside The window Tile death thus osu-i
Is homicide This homicide is named In tile indie NJ
ssmuTier in s nr,t degree and The prisoner Is shsfec
gree s~hrr- tie crime j. committed n,euii.naiy but
viii lead ,oa 70 the conclusion tina, ihis hom'c.t,
"" li'mee'aiet HE grave, q"ssaon rs ~
prove Tie char-e The law assume. the prisoners in
must be ,uch nature a. 10 b consistent with te ~
hosence or gum 81 Ne prsoner Your minds must lt
L.m riero MIA, he testimony that YOU cannotbe
tai 90 yeete Prom the NECESSITY OF tie case h'
l'ni. must s .et,asS S1 cifcum,isnuai and notdlcc
s'nienee clcum. t,ntnl evidence, IN ,maiN ca,es i
1s SS sp s'asnss ''-" direct evidence
The Judge illustrated ~ saying that MAJ
does not need TO open y 10 be certain that Their
isInAchinery inside. You see atree and know
Tint Il has roots without further evidence. 1o
look upon tins floor aud know that il has sup
port although you may not see the support
This case affords numerous instances Of rircum
stantial evidence. You see a HOwor bed MARIE
with tracks after a storm ana must conclud
that somebody has stepped upon that flower be-
since the falling Of ne ram. II thrre Is ihe IN
raised sole in these tracks you must conclud
that the man who made them wore boot
marked with these peculnrities. II you I'M
tracks with imprints leading away from N
bed and mud upon the fence. you must con
eude that the man made those tracks and go
war the fence the nOlut Indicated.
the mud Is seen on the line fence OF an outfield
and other circumstance bear out tne conclu
sion. you may conclude that the man crosse
that field even IL the sward left no trucks. lo
may reason. from the distance between IN
tracks. that the man ran. and other circunl
stances may lend you 10 conclude why he rar
II The tracks come together. you may form IA
conclusion that the man stopped and othe
circumstances may lead you 10 conclude VIII
h. stopped.
But you must always be sure Of the crcum
stances. The force OF such evidence is game
ty the multiplicity Of the circumstances. an
they must be conclusive. and all point tho sam
way. The circumstances are the nbres. and IN
ftres make hethread and the thread Is wOrke
into tue rope that covers the prisoner with gui
or Innocence. II the CIRCUMSTANCES are con
Nincng beyond a reasonable doubt you mus
base your verdict upon them. Your minds mus
be convinced by tho evidence.
Ine first question y be considered Is tn
question - motive. The jury were not to IN
ul re whether tho motive WAS ono that wcul
ordinarily lead 10 the commission Of such
crime. They might. however. inquire what mo
Money. jealousy, hatred. and revenge have Doe
ponyes for such crimes II they believe thu
Ueeylence showed motive, they were not t
convict on such evidence. Motive a.One IS n
enough. IL may have an important bear NJ o
u Nr .ta"r eircufu stances but Is only TO be con
let"1 A. one ID the circumstances ettabllshln
W sult % Tie prisoner, In this case. the cvi
c'H-s SHOWS tha' IL. prisoners wife was lch
yus ~ 4 li!tu. Tie testimony WIS lnsu
h,lrhl 10 establish Inc assertion OF al nip'
WON the He n the wife, tut ths Jury might I'm
"hether the VITO really believed that such a
rulpts had been made. The evidence did ~
.sWp4lsh TIE assertion of unlawful relat ons h'
Mrtn we prisoner ana Mrs. Curtis, but the luT
Mlght HAl whether the wife reuliy believe ma
fleIe were surh relations. The course take
~ l"e usuEAlor. the prisoners apl1a - h
h'YlueI iA'iaw. his rnpute, and tie slHld'r 81
nlsil pc couslderrd rs tending 10 snow q!
hlAle oi ms minI "a the might % the murder.
Did me sgra 90 foreshadoWed by the slande
tut aud the course 81 his wife In suing hi
me prom ssory note, ami other troubles, ~
i'm IN cpndluOu Of mind that led him to d'
HDeta,eiy plan the crlmef These were thcorl'
advanced by the people. and were proper que
Npis Tor The Jury 10 consider On the cth'
ne, was II true that he had become accustome
70 her freaks Of jealousy Did his axe, bus
PISS position. and temper lead him TO cousid dc
hls domestic burdens a. things 10 30 reSrcttf
D4l tprnr Is u true TINT he WIS no fool, as
ehIMed 10y the defence. and that none but
INol would commit murder under such rlr'uu
H Na. sNN NN