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

% attaining success des not lessen le moral guilt
any man did H. be was murderer nt heart
rl,,shey took up Thomas when he was poor boy
~ ipe1 MN along, loaning him 5000 without
interest AMI had the Desi II good feeling for him.
he hal burned that honfe Thomas vile and child
must have bern burned niso. and Il would have to
ave been terrible motive 10 bring a man up %
'aa a point fritchey had no motive, and Stone
stones character isgnod, and proven % be- and
e s!atc has n1t attempted 10 say Il "A not lie las
s.aosshed reputation as generous, g0od-hearte
MY, and his neghbOrs have come here 20 tell you
g, me only way the stats attempted 70 connect
llh WIN TINS ease, was by conversation with Iei-
ler Ieiber tried 10 lay q trap for him aid put
lnsatlons 70 him IN an ingenious way about GER
% conversation at yer saloon hut he ailcd q
conversation. lie was astOnlshcd at the queStion.
iad he answered a. lciber desired, zeber would 4
I'VE him the benefit Of what he did say lie said he
lion know anything about the Gre and that ought
9 weigh strongly with You When zeibcr arrested 1
stone Stone asked II II was for what they had been
lkiiig about. leiber said IL was, wbeFeupon Stone
w q, Pc wanted g see frtehey cerfainly he want
% W sc trtchey, What was more natural. Ffitch |
n had been bis friend, and had done him various |
si l They had ilshed and hunted together
sire To see the who had always been his friend
now that he was IN trouble II he and Fritehey had !
oee gilil'y he would not have asked 10 see Frllch
Mr. Iidy tells you that he sitting IN that pub
le drinking saloon when Fritchey and stone were
coheocing crime that would have put ropes around
lhelr necks. Had they been doing such athing they
would have gone 70 some dark cornerstone oh
senre place, None but idiots would have done such
tllnB IN public place and " they idiots they
would not have been here trial for idiots are not
esionsible lfthey had been eoncoctilig 10 steal
Ten cents, they would not have done 1t there Mr..
lddy says he heard them planning this crime, yet
the day AFTER the fire he did not Ike good clti-
lief well a. guilty Of the crime himself III not re-
yeal,ng what he heard and thus prevent Il. Hcwho
black as midnight Iidy's words bear ne iie on
their inee He tells you he was asleep or had lust
walked a, when he heard there conversations. He Is
anyways asleep They are drunken dreams OF his
and am only surprised he did not sec snakes. Az
andrews room he said he heard Stone Eay Hold
Ipe @ rs,lteaey Sel fetch Nc Thomas yet pTpy
thai way IN his sleep drunk. No man nsleepeyer
u.seIed such connected sentence. No; ii took Idy
put Mr.. Frltehey' and MIR Thomas In Il 10 make
The story good. There Is nothing IN Lldys stories
you convict these prisoners. you must make Out n
Inoiiye and you must have very strong evidence
Lidys story Is broken down by lis own weight. and
men have come here and told YOU that thew would
not believe him on oath. His character may have
been good az one time, but he has gotten down very
stories bee true the State Is In consistent The STATE
tried 10 show that there was a conspiracy between
these men, then suddenly branehcd on and endenv.
ored to prove that one man aid the burninr
thought the alibi In stones ease WAS 80 well
proved that would not have TO argue IT, but the
advantage. Stone denies Iidys siatemett aud tells
where he was. He Is corroborated by a dozen wit
nessesi whose testimony Is unlmpeaehed and the
state did not attempt 10 impeach H. The state says
stone pretended 10 be- hurt, yet n dozen witnesses
come here and say he was hun, and 50 badly that
he was confined " his house for two weeks or more
He at the Aims House the night Of INC fire and
slept with johnson Tracy. The next morning he
nad 70 o. ,asen nome ~ buggy iie is innocent
give Lldy bad character aud without Iidys testi-
inony There Is nothing In the ease. The Witnesses
know IL was the day Jesse BrandenburK took siek.
Brandenburg died the next day, and that was The
day Stone went home, aud II was also the day Of the
fire.
The testimony Of Fowler is unImportant Re Is
not positive In his assertion that one Of the men he
saw on the street was Fritchey The other man he
had no idea who IL was, yet the state would have
you infer Il was Stone. differences won't do The
State must prove Il The jury must infer II was any.
one else, Tor stone has proven he was not here.
JUDGE SMITHS ARGuMEST.
II Is very embarrassing at the close OF an argument
To be Obliged 70 occupy the very ground that has all
ready beeu gone over. feel that the testimony has
been sufficiently argued yet duty impeis me 10 nj,
in this case, and must necessarily occupy much ii
the ground already discussed
We are trying case OF arson the penalty of which
Is hanging or imprisonment You have nothing ii
do with the punishment but you have 70 do with
the testimony The state asks you 10 convict ON thf
testimony OF Lidy, Nlckum and The woman Nc
COnnick. ! will take them up and Judge them HI
their sphere Of life by the general rule among mon
throw out all presumption OF accident | believe n
was deliberate attempt aud hell Is "a thing q
beauty and Joy forever compared % the pnnisb
ment which should be meted out 70 the man wis
did IT, The man stone has proven % you that he 4
kind-hearted, generous man. The night OF n,
fire he slept with little johnson Tracy DO You he
lieyeany kfndheartc generous man could he dow
70 sleep In peace with innocent youth ,ghiie Ia,
aud child were roasting in flames klndled by nj
own hands, Preposterous The story Is TOO impro
babe of belief upon the testimony OF such charac
ters as brought here. The whole case 4 based upor
mere suspicion, thrown out by Lidy, tramp, ,
hummer, warrant with no place 10 lay his head b.
n ssf4p a.If gaFN
Martha Mccormick, dirty prostitute and Ihriot
ldy knew OF this terrible crime. yet his lips wcr
sealed until he was landed In jail He did not utte
a word about II then, until he was approached 4,
the snperserviccahe Mr. Zcibcr who Il here ther
aud everywhere, with visions Of $50 before him
foiicc ohicers are necessary, but this Mr Zeibcr Is
wonderful mAn, When a fire occurred on the1
premises before, though he was an oiilcer al m
nmc, he did not hunt y up. No he confined him
self TO his strict duty OF keeping order Now, wheI
reward Is offered he finds Il MS duty 90 pck IN
thread and run IL 10 the end. When there's no n
ward he takes no more interest than other people
when there is, Il becomes hs duty impclled Nv IN
glitter OF gold, TO become active Lanes, alleys an
lals arr hunted, and yagabonds. liars, thieves an,
crime. -
Lidy knew the eonverSaiion he related here IN
day the FIRE occurred, and IL was his duty 10 hav
revealed 1t then. He dldntOpen his mouth althoilel
| he knew foul deed had been committed and In m
telling II was guilty Of the crime himself The onl,
diferenee between him and the author Of the dee,
IS that he had not the courage 20 apply the torch
lie kept his secret until he made the aeanaintane
~ INT hnhoiaDle MI ioer at the jail, who induce'
him with the s1i0 to tell H. Nicknm was liar an,
pcTjurer the night he In the alley with the ~
man McCormiek, and he was liar perjurer AM
confessed thief when he WAS on the stand here Tn
haflot with him was also thief IA taxing him frn,
/ his family. Nickum IA not a millionaire liz We
lazy and worthless and went 10 stealing for lyne
lie knew ali about H. but never told Ii until he wa
Ia Jail, when he was allured by the wonderfully fas
einating MI. zeibcr who approached him with hisbub
Die oislS9 This MT leiber has wonderful powers
Why didn't Nickum tell Mr. Thomas Ne kney
his family was sick and worried and excited "a
no, all that was nothing to him. Only when he 10
acquainted with the honorable Nj. Zeibcf az,
learned Of the reward in store, could he te what h
knew r Fr@
Mr. zeiber too. was active in hunting up Mis- Me
Counick lie secured the. country and traced her }
Frederick. When she was brought here he mel re-
AZ the depot ~ hack. When she was brought her'
TESTIFY ne hSa not been properly instructed an,
Nickum says the stores were ali opca when he wen
In the alley with her and that he returned in aboa
, Meiliiy minute KY lhs time he names Of 10 O'Clock
that part OF the city testify here thai hey co.
places Of business from eight 70 nine o'ciock Met
with wonderful definiteness vet Inc woman "a !,
they stopped IN the frst alley they came 10 and al,
not come up this way. ~
Mr. Zcibef made no proposition % divsac ,hs -.
ward with MI Matthew, yet Mr.. Matthews says II,
did, and the inward was the controlling inli,,cne,
,n Mn ma MAJ ea "a ms elegant NJ zelber
snislectlng man stone down the railroad track ami
Piled him with ingenious questions TO extract
him shortly AMER he expressed symnathv ~ hi,,
Failing 20 trap him with his machinations when Il,
was arrested he professed the greatest svmpathv
Cod save me from such sympathy
The State brought people here 10 establish n char
acier for truthfulncas for Martha NcfiorlnIrh NJ
spurrier daughter OF VIM. Ofndorif where the Fl r
Was raised said she would tell stories and INC sat,
did not nk any more Of the family to textfy tho,,l
ihey hAd been summoned. some OF Martins eolol
said they would believe her ON OATH and anofhe,
admitted that her character was bad She h 4 MI.
cradle harlot and unworthy OF belief $50
of Mr.. Fowler another important witness IN IN,
state, have nothing 70 say. lie was on an errsnf
o. mercy. HIS neighbor. Mr.. Brandenbnrr was IN
Ing III, and about 10 pass 20 another world NJ
Brandenbug had sought him To eo sor das,ar an
the necessities being urgent he hurried along ,.il
only thoughts OF his Grand ia his mimi HE'S ia
BILE 10 be mistaken In suppslfR one N the fsc 49,,
he saw ON the street was Mr. Fritchev Ills ns,,,raI
excitement on his mission Of love and merry vroI
render MN almost obltyious 10 everything cxcenf Il
carry ont US request q the wife Of his DYING neigh
Dor Capt ihllinsslea may have N =.
when he related the TACT % him Inc Iext or,,I,,s
ior Fowler had already told some one that he thouel
the mel were stone and I.estcr. That sunn-sifYou
u not founded on fact Tor stone had met ,sleb ~
accident and was not there and Il was fortune d
accident Tor him. 'S''""-''
Qeallepen o. the Jury, must ciose. yonr duty
lcria.ne whether you VIII take the Statements ~ n
tAganond franip and hummer OF periurer. liar and
CONFESSED Thief 0f miserable liar ana hafiof az III
cspesiapie men and women and 81 Al innocent a,
anu ehitgs unframed and undecided Nolo,lv e,,,li
o. az eosi OF exreH Idly. That sentence without 4
us.stso ~ stone when Asleep Is another n ~
asasSentsi manufactured under the magnificent
nave ~ ~. ~ ins'rgeIor xeiheF Hentlslaen You
ol AcSurInlck one side ad fhnl ~ A., 4,