Morning journal and courier., 1881-10-22
Afternoon Session.

Afternoon Session.
 At the opening of the afternoon session MT. Fox commenced his argument for the defense. In his opening he said: agree with my friend who has preceded me that for preliminary hearing this has been an unprecedented one, and think he must agree with me that it has been sham battle I am that your honor will be pleased when this trial is brought to close. know that you have decided the questions that have arisen according to your best judgment, and I believe you will decide the justly. believe have wiped away every particle of suspicion against these young men, like as the melts away before the monday sun. After your honor has examined the evidence both sides you will have two answers to make. One is that these young go out of this court free from suspicion the other that you have a doubt to their inno- cence Until you have weighed the evidence careful ly do not believe you will be prepared to render your decision The law has constituted you tri- buna1, and if you find the evidence is not sufficient to Ia them then it is you to lat them go free That you nay fully understand the case is duty to present the law to you in such way that you may judge carefully, honestly and justly had ex. pected that the gentleman who preceded me would have called your attention to the character of this crime. MT Fox here recits charges against his clients Proceeding, he said the gentlemen on the other side have not proved by any evidence that either of these young had administered chloro- form any other drug to Jennie E. Cramer, that they were any way responsible for that poor girls death Let me- before referring to the law on this question, follow the gentlemans argument. It is in evidence that Jennie Cramer took ride with Waiter and James Malley, jr., down to Buels the shore and with the knowledge of her motler He says she lead from the path of virtue yet the next morning she leaves the Malley mansion and waves her hand street. then she goes to Recliffe's and eats break fast of beefsteak and mushrooms then she goes to her home with her newly found acquaintance but she makes no complaint to her mother. Her mother up brads her for sleeping away night, she gets her passion up and leaves her home and wanders about the street, then she goes home again, then leaves again, and her mother expresses it. 'she lost con- trol of herself" Then she goes to the horsecars Dis carded by company and upbraided by her mother she goes to West Haven shore goes to the top of Savin she waudorS alone along by shore ia Inv many witnesses who describe her dress with great minuteness There could be no mistake about her being at the shore on that Thursday night Did she come back after that Thursday night Oh, yes, they say on the other side and they bring witnesses to RedcEfes and also by Mrs. Kippstein andothers quires of James about her daughter and he says he don't know where she is and that he will send word S any thing can be to my mind that Jennie Cramer never returned to New Haven after that Thursday testimony of the doctors on the autopsy, and the finding of arsenic was referred to at considerable length Proceeding MT. Fox said the witnesses have stated explicitly that when they first the body it was floating in toward the shore. This is the evil the body might have oated from the rss landing on Kesey's wharf. The evidence of thoss saw some ferred to- and MT. Fox asserted that there was no doubt but that it the body Jennie Oramer and that she noated in the water until her lfeIess body was picked up the shore on Saturday morning The testimony of the witnesses who clamed that they said it was clearly case Of mistaken identity Re then went over the evidence in this particular and while the witnesses as he believed, were honest in their opinions yet they were mistaken He said the Friday night theory must banish before the tes tinony of the defense Now they say probably she might be killed and probably these young menHnieht have killed her, but they do not point out any evil dence to show me that she murdered. Let me ask the other side Jennie E. Cramer murdered If so when and where If che murdered was it by poison, violence suffocation7
 The attorney here read from wharton on criminal law in regard to presumptive evidence. Proceeding he said the State had not proved corpus delict which necessary. First the body must be found, and then it must be shown that there has been vio lence to cause the death of the body found. Other authorities read this subject at some length The attorney then defined probable canse as under stood by the books Mere suspicion or conjecture he read. should not be considered sufficient to find probable cause. ?
 Proceeding he said that it was very difficult to tablis murder circumstantial evidence, but in this fortune has favored that there is hard ly any ground on which to base even shadow of cir cumetantia evidence against the accused. Referring to the proof of aiibi he said 1t had been proven not only by members of the family but by the u1bi assed evidence of others. witness comes to the stand just st the last moment and testifes that Blanche Douglass at her house the day that 1t wGs supposed ahe had gone to New York with Jennie craner Again, if there is anybody morally guilty in