The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-06-28

under the pipe hole IN the chimney, 70 make IL APP
pear that sparks would fall out and ignite II. thus
endcayoring TO establish die superstition that II was
al aceidelta and that was Theodore L. fritchey.
From the testimony Of those who thoroughly exam.
ined the premises, men well known in ths coInmn-
nifty there Is not the shadow Of doubt 10 The fire
being ncendinfy. The State then read ffum Greeli-
leaf and Archibald that the burning or any part OF
dwelling was arson. The situation OF the two
houses trteheya and Thomas. was then described.
aud the lattice work would allow any one 10 enter
on the porch aud apply the ineendihry torch. We
have proven that twas not accidental; who com
Mr. Hennlng then gave thorough review OF all
the testimony dwelling 10 some extent on the fact
held out the idea that the tire occurred from the
esarelessness Of placing the coal hod on the porch
was the tint evidence OF the prisoners consciousness
ofgullti The first link and evidence IN the chain
the State assumed ali the responsibility Amer re-
viewing the testimony OF Mr. zeibcr, the detective
who acted under the advice Of the states Attorney
MI. Henning stated he zelber, was upright and
honest man ,he peer olany q the STATE rhe test
McElroy frequently visited the restaurant OF Myers
" night must be taken, a. Il Is only from such mems
close up the Courts and adjourn. Could Lidy have
made up such statement In regard 20 the cOnyer-
satlon unless he heard H. would Zeiber have done
~ Why was not Myers brought In to contrudctitg
THE defense stated that he was IN PennsyiYani
outside the Jurisdiction ofthls Court He reviewed
the warrant as issued against Lldy q Yngrani;
that he was In Jail aud that the Grand Jury refused
% ind blu; also that his associate workmen In the
Taylor Manufacturing Company swearing 10 his
good character. The charge Of vagrancy was sspl-
clons, as the defense were DESTROYS Of getting him
The testimony of Albert Fowler and the converse
ton between him aud Capt BillinEslca and that he
was not willing witness; the pursuit Of the girl |
Mccormick, and of her arrest In Frederick occupied |
some time, Docs the sweeping assertion OF Stone |
that he knew nothing Of the IRE, Notwithstanding |
the frequent conversations with MeElroy, amount |
10 lnythingg What Is the meaning OF the CONVEX |
saton In Andrews room, as to Providence intcrfer- |
The most terrible ordeal through which the state
has passed was the cross examination Of Mr friiehey
No woman was responsible to God or man when her |
husbands liberty Il at stake. Aequt Stone the |
testimony given, but not ON aliDi Here followed
stone, and he closed by stating he charges in lie
Indictment and the law applying To the same.
HON. CHARLES U. ROBERTS
opened lor Tue defense by expressing sympathy Tor
tue Jury In their long confinement and THANKED
them for the patient attention with which they had
listened TO the testimony Il was detailed day after
day in the long and weary march OF the case. II |
was u case calculated 10 exhaust court, Jury and
counsel and it had not failed in doing 90 Proceed
ing he saidI have only now to repeat the statement
which ] made TO YOU In perfect good faith in the
opening statement Tor the defense, that am not
here u ask mercy, but TO demand Justice, aud In
complying with the demand trust you will expert
enee but small dimcuty and At the same time real
seek 70 present the case 10 the Jury the counsel
for the State had done. using only that portion of
states theory and utterly uisayowing that which
clearly established the innocence of the prisoners
but he would endeayor 10 place the whole case be
tore the IuTy, the better 10 enable them TO render
just anu righteous verdict, be that guilty or mot
guilty" Before proceeding further he then called
the Jurys attention 10 the responsible duty which
they had been called ~ perform, and said he was
quite willing that they should adopt as their guide
the words which had fallen from the lips OF OF
| the brightest ornaments that had ever graced the
Irish, and that in In which he prosecuted for
the Crown. lie then read from Curran's speeches
my lords and gentlemen Of The jury am con
cerned In this cause as counsel for the Crown-that
Is, as counsel for the law and for the public peace
BY putting the charge that has been found BY the
indictment into course Of sober, humane, firm and
jury To enable you u fulfill 10 the public the awful.
heavy and severe duty Of finding the prisoner the
aud equally bOnnden duty you owe 10 the prisoner
himself to ncquit him, IL he shall appear 10 be in
nocent Of the charges brought against him" Mr. X.
continuing said that he had other rule TO apply
In this case because he believed Il to be the correct
statement of their duty; IL was what due TO so
| eiety and the prisoners had no right 10 ask more.
/ II you can, from the evidence, lind the prisoners
guilty, do so IL was case of purely eircumstantal
aud read eoplous extracts from TAYLOR on Evidence
70 show the jury what IA 10 be taken and what not
! The State has made charge OF guilt, and assumes
mat u Is the duty OF the prisoners TO prove 10 the
! contrary.
Mr. Roberts then proceeded to discuss the facts
and concluded that Stone had proven alibi stat
ing that there is not more devllish crime IN the
calendar than that OF attempting 10 burn the dwell
ls o. eltne. iiieh1 or enemy and ioiiowed with
state did not attempt To impeach the testimony Of
stones witnesses. What was the motive Of Fritchcy
ton, but had utterly failed II friichey was the
man the state had tried 10 show, why did he the
afternoon OF the day Of the fire inquire In the kind
est manner OF Thomas as 10 The condition. OF his sek
child. and remain iot some time In kindly CONVEX.
sation, while he was ON his way 10 the doctors;
That did not eyince i'll feeling IL any IN feeling
had been proven 10 exist al all. il alone with
Thomas and that was more imaginary than real
All the witnesses but one had testified there was
III feeling. Al this point Mr. Roberts commented
upon the conversation In the bank between Thomas
aud fritehsy 50 as 70 show that Thomas enter
alned Ill Will against fritehey. Il proven that
Mr.. frtehey had voted for Mr. Thomas at the ne.
cent Corporation election. aud II there ever was a
time when man vented his spleen IL was at an
election. by not voting for one whom he believed
had done him an injury. ZeibeTs testimony, he
said, should be received with many grains OF al
view, and his motives and conduct should be carr
inhy examined The history o. crime in This country
% elsewhere, has clearly established that the detec
i've and informer is oitentmes greater criminal
than the one upon whose track he Is placed, The
spies and iniormen who have Swallowed the country
south Of us, in years sinec the late war have done
more 10 desnlate the South and bring 10 II untold
could recall Then followed IN extract from TayIor
on Evidence in regard 10 policemen and detectives
The testimony Of Lldy and Nckum was analysed:
the scene IN jail between them and the Arrangement
made In regard 10 II depicted aud shown Singular
Isn't IT, that neither OF them thought the matter Of
sufficient importance 70 mention until after they
were committed 10 Jail. Zeber was then sent for
gnd through him plausible story was arranged
zeiber was hailif IN December, 1874, the time
towards finding the author Of thaty No There
was no price SCI upon the man who did II butwhen
charge some one with the crime. This Is a case of
| improbabilties aud the testimony has clearly de-
portant witness for tba Sis ey I. Re la9s' nm
!, nothing but the kindest feelings had known him
lor number % years, and his reputation Il beyond
rcproaeh, but like everybody else Is liable 10 be mis-.
| taken. lie thought be recognized Fritcheys voice
az a time when he. fowlos, was hurrying On mis-
sion Of mercy, a. the hour Of midnight 20 bring DR.
Billingslea 70 the death-bed OF Jesse lrandenhnrv
II Frtchey had been Just fresh from the scene WHERE
me attempt had been made 10 turn Thomas honse
he
have used a natural tone OF yoce-nOthng could be
50 easily disguised All text writer's agree In saying
ofidentifying person. Had the prisoners muflcd
| themselves or used DISCUSSES No man on eyIl in
voice Then proceeding said. Martha Met;asm isF
could be made 10 say anything by man who had
| HOin view. Her testimony was reviewed a, length,
MT X closed By saying he had tried TO lay the evi-
| denee before the Jury In such manner a. would
enable them 70 render a Just verdict. without at.
the highest terms OF Mr. Thomas as 4 gentleman ="
A9, p m, the Court took u recess until D. a. M
Tuesday morning.
John Berry, Esq was the next speaker for the de.
Tense. He said y was his honest aud candid belicf
Of acqnia yet il was his duty to DO the bcst nv
could Amer defining the crime OF arson he hcgeed
70 reeinper mat the burning must be ma
he, was purely metaphysical dsquisition the re-
suit Of which only tended 20 cloud the subject In
doubt fou were told TO not let passion sway YOU
and repeat II @ you but let NOT metaphySicafi ais
courses misload you In. lie gave you sophisiTv
which again might mislead YOU by telling Won maj
you might see one man shoot another and vet moi
sec the bullet enter This he Intended as All illus
/ ration Of circumslantial evidence. The prisoner
| fritchey, was depicted a. q rabid animal Look al
| his cOunlenhnce gentlemen OF the Jury, does hOlook
/ like rabid animal. The State had spoken OF the
sanitary condition OF mon. yet none need looking
/ after more than Ldy, Nicknm and the woman Ne
Cormick. They were unhealthy aud were put IN
jail but were healthy enough Cor the State 20 bring
10 Court 60 testify ngainst these prisoners We don't
/ ask FOR mercy. itai jatHia rlfui eqlam
The speaker then alluded 10 the sickness Of Mr.
Thomas family, who kept lights burning all night
and the wet and rainy weather, and asked II such
night would be taken as propitl0us time 10 carry
previously stosisting between Frtchey and Thomas
cdweltupon TO exclude the idea of guilt and MID
there was nothing significant Ia the iact thar Mr.
fritchey thought the re was the rzult OF an acct
/ deut Col. LOngwell said he, man OF good appear
ance, and In whom you have confidence also thought
IL might be an accident The fire was more like All
accident than an Intentional burning, and the re-
ward offered had only the effect Infringing two men
fere 70 be tried for the offence The fire can be ac
Tuuutef toF IN three o. four ways Fowler told you
ne saw two men on the street The nlght OF The ire
and he supp0ses one Of them was Fr.tchey and VI
Jury can PUT those two statements together II Il more
fhnn eau do. Mt. Hoppe said he thought that
frlchey and Thomas were on friendly lerms This
ieslltDoY IA enfrulOFated BY Mrs Bennett oneof The
most creditle Witnesses we have bafs That look
IKE malice or III VIII come now 70 the PRINCIPAL
witness in this cQse--thiA wonderful man Idly Who
SEEMED from nrst 70 last 70 DC hunting down Frtch.
ey; lle isstued 70 having overheard conversation