Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1881-06-02
A LAWYERS STORY

''I never would convict man on cir
cumstantial evidence if I were juror
never never p
The speaker was distinguished Grim
inal lawyer of nearly forty years active
practice, and whose fame extended far
beyond the limits of his own State.
We had been discussing recent cause
celebre in which, upon purely circum-
stantial evidence, man had been con-
victed of an atrocious murder, although
many of those most familiar with the cir
cumstances of the case entertained the
gravest doubts about the justice of his
conviction; and he had been swung off
into eternity protesting his absolute in
nocence with his latest breath, and calf
ing upon God to send his soul straight
way to perdition if he were not telling
the truth.
AS most of our party were lawyers
the conversation naturally enough drift
ed inte discussion of the dangers aris-
ing from convicting accused persons,
whose own mouths were closed, upon
purely circumstantial evidence, in the
absence of any direct and positive proof
of guilt, and case after case was cited in
which, after conviction and execution
the entire innocence of the supposed cul-
prits had been clearly demonstrated.
Most of the laymen present agreed with
the distinguished lawyer, whose very
positive expression of opinion has been
quoted, while the majority of the law
yers contended, with that earnestness for
which lawyers are noted when advocat-
ing their own side of any question, that
justice could never misearry when care
full judges guard against the possibility
of unsafe verdicts by refusing to permit
a conviction except when every link in
the chain of circumstantial evidence has
been established beyond doubt, and the
whole chain been so perfect and COM
plete as to leave no room for any con-
sistent hypothesis of innocence.
1.-The first murder case I ever tried, ;"
said one of them, twas stranger than
fiction, as YOU will admit, and is quite
as remarkable as any of the cases you
have referred to where innocent men
have been wrongfully convicted on cir
cumstantial evidence. It ought to
have been reported as an example of
the unreliability of the direct and pos
tive testimony of eye witnesses who
tell what they believe to be the truth. !"
He then related the main points of
what was certainly most remarkable
and dramatic trial, and which consti-
tutes a fair offset to some of the men,
orable cases to be found in every work
on circumstantial evidence. The mar
ratiye produced so strong an impression
upon my mind hat subsequently,, with
his consent, I put it into the following
shape, having first carefully compared
it with his notes of testimony taken
upon the trial of the case. II can be
relied upon as absolutely correct, with
the exception that I have used fictitious
names, for reasons which will readily
be appreciated when it is known that
most Of the actors in the drama are still
living.
One winter evening, about s
O'Clock, IN the early days of the war,
in the quiet little town Of , while
patroling the streets to pick up strag-
glers from the camp on the outskirts Of
the to8n, Corporal Julius Fry was shot
and killed by one of three men of bad
character, who were in company and
upon terms of open enmity with the
soldiers. The men were arrested, com
mitted. to prison and broAght to trial at
the next term of the court. Two of
Them were gamblers and desperadoes,
and supposed to have more than once
had their hands stained with human
blood, The third, whom I shall call
Short. though bealing an unenviable
reputation, was regarded as one unlikely
to slay fellow-man, except under COM
pulsion of circumstances. On account
of the character of the men and the
trouble they had already brought upon
quiet, law abiding citizens the senti-
ment of the whole community was
strongly against them.
In order to clearly understand the
force Of the testimony given upon the
trial and the subsequent result It is i'm
portant 10 bear in mind the physical pc
culiarities, dress and general appear
ance OF each Of the three prisoners.
Short was q small man of not more
Il an Eve feet six inches in height, slen-
4. i, weighing scarcely one hundred and
thirty pounds, with bright, fiery red
hair and side-whiskers, and at the time
OF tho murder wore q white felt hat and
an old light bl1ie army overcoat.
Ryan was fully six feet ia height with
I3robust frame. with black hair and mus
!, 4che, dressed IN dark clothes, and wore
/ 1;p1ack Derby Lat