, 1880-11-27
rs: pG.tG<SE-

Mr. d. }. Crowley III opening the dcf-"se
stated that he ialoard DIR peculiar cir
cumstancrs. Th- testimony frum people
living In this country aas l'redJGdiccd against
Thomas that the harru. manlfes ell when
the body war found IN tine ToucLet vas such
that was the inward coaviatl:-n Of all tha.
the ,vrpvtrstnrs srouii be- convicted and
hung. Unless IT should he established be-
yond r,as0nat.ic doubt tiaat Thomas was
guilty lie shouli he acquitted and that the
Judge should instruct the jury that the de-
iendant Was bOuna 10 pi"ve n'th,rs and that
he was guiltless ia the eyes pf the law until
it was proved otherwise. The entire ques-
ton lay III the identity o: the man who was
found in tine Touch,t 1heie hal been no
testimony proving that 1t MAS Brumti-ld.
There WAS no way to sEow the Individuality
cf man whp had no ci"ti.ins aid no espe-
cial mark to de.:o.e who he WAS after living
IN the uarer for two yeuks That there was
no person who recognized tie deceased at
the time as y. W. i;rumirid, and he asked
The jury if they w.ie gong to convict the
defendant of murder IA the first degree on
the testimony Of MeSsrs. Arkeney, Lyts and
Bartholomew who did LOT identify the corpse
when seen at the morgas. The bonds, mon
ev, etc, found ON the persoa nf Thomas,
proved nothing; they IN; lht have been gained
by robbery or f"r-ery, or here may have
been some arrangement wherein the money
may have been use,i in common, or that on
starting ont on his "trip Brnriii-ld might have
intrussed the money and goods with his
nephew, Thomas, for safe keeping. Mr..
Crowley wen' over the whole case, AMI it is
generally thought that the statement and
argument was the finest effort that has ever
been made III this city, abounding in elo-
auence and pathos aud worthy of one OF more
years snd experience.
MR. CATION
Started out with perorarion on the majesty
Of the law that 1t was rot alone the punish
ment of the defendant, hut the law itself
would suiier incalculahle injury from t"o
loose construction Oi the proper use of cir
cumstanrial evldeucr, the jury should have
outside influence and like Clay rather be
Right than President" started out with
four propositions Ia lie proven:
lst.-'lhat some one has heen killed.
od--Tha. that person was S. W. Brum-
field.
3d-Tha, that killing wa, done by the de-
fepdant.
4th.-That if done it was done in Walla
Walla county.
Tha- it was not essential as to when the
KILN. was done, as murder MAS crime that
never outlaws; stated he would lay down
two rules; wanted the Jury 70 weigh them
thu ard carry Thea, into the jury room to
deliberate u,en their merits:
lss-The burden of proof lies on the prose-
cu.ion; di>cnu,sed on the benifcence and
reason of the Law on making 50 excellent .
provision.
2d.-There must he clear aad unequiyocal
proof OF the body Of the Grim. IT corpus DEL
icte.
a numl,er OF authorities we're then referred
to and read to the court, when Mr. Cation
again turned tn the jnry and reviewed the
evidence As to the identity of the nody found.
Showed the defendant on the 9Th Of Febru.
ary was near Spokane; thathe stopped there
a month that he had not time during his
SIX days absence to do the killing, or to trav-
erse the country between his temporary rem.
dence and the Touchet that the body must
have heen dead 4 month before 1t was found:
spoke Of the witness who swore to having
seen the man Rrumtieid, and seemed to be
lat,oring to explain away the apparent dis
crep<ncies in the testimony OF that unfortu.
nate witness Spoke II the terribleness Of
death and delivered very fine quotation
fr.m Schiller. stated he believed he had
deae has duty ai.d hop..l ;he jury would now
do tliens. closed lis argument by warning
them Of the dangers OF taxing similarity IN
The evidence On the corpse.
Mr.. Stardevant clased the argument BY .
full ssatenen; of the evidence, following the
rarty through their travels, until the man
Bsumheld was no longer With them here
explained the reason of his absence; then
toak up the time OF travel taken by the three:
referred to the bonds aud cle,riy sustained
the opinion Of Mr. Ardsrs - 70 The boods
and erftiEcats; riiienIed Mr.. Cstoub poetry