The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1881-10-08
A LAWYERS STORY.

II never would convict q man on cir
oumstntinl evidence if were juror
never neverl r.
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-
stan ial violence, man had been con-
victed OF an atrocious murder, although
many Of those most familiar with the
circumstances Of the case entertained the
gravest dnsbts about the justice OF his
conviction, aud he had been swung of
into eternity protesting his absolute in
nocence with his latest breath. and call
ing upon God to send his soul straight-
way to hell if he WAS not tt ling the trth.
A most of our party were lawyers, the
conversation naturally enough drifted in.
to discussion of the dangers arising
from oonvictinR accused persons. whose
mouths were closed, upon purely circum'
stantial evidence, in the absence of any
direct and positive proof of guilt, and
case after case was cited in which, aftei
conviction aud ex, cution. the entire in
nocence of the supposed cuIprits has
been clearly demonstrated. Most of th,
laymen present agreed with the distin
CRUSHED lawyer whose very positive ex
preston of opinion has been quoted
while the majority OF the lawyers con
tended, with that earnestness for which
lawyers are noted when advocating thei
own side of any question, that justic
could never miscarry when careful judge
guard against the possibility of ursaf
verdicts by refusing to permit convic
tion except When every link in the ohail
of circums,antial evidence has been es
tablished beS ond doubt and the Who'll
chain been made so perfe ct and complet
as to leave no room for any oonsisteu
| HypOluSSlS Vi AuuOCeuCe.
"The first murder case ever tried,
said one of them. "was stranger tina
fiction, as you will admit, and it is quit
as remarkable as any of the cases yo
have referred to where innocent men hav
been wrongfully convicted upon circum
stantial evidence. 1t ought to have bee
reported as an example of the trustwortt
mess of the direct and positive testimon
of eye-witnesses who tell what they b,
lieve to be the truth"
He then related the main points {
what was certainly most remarkable an
dramatic trial, and which constitutes
fair Offset 10 some of the memorable case
to bs found in every work on circumstar
tial evidence. The narrative produce
SO strong an impression upon my ow
mind that subsequently, with his consen
l put it into the following shape, havin
first carefully compared it with his note
of testimony taken upon the trial of III
case. 1t can be relied upon as absolut,
ly correct, with the exception that haV
used fictitious names, for reasons whic
wall readily be app 'eciated when it
known that most Of the actors IN Il
drama are still living.
oae Winter evening about 8 o'cloel
in the early part OF the war. in the quiz
town of -, while pairolling the stree
to PieK mp straggler from the camp Q
the outskirts Of the town. Corporal u
lius Fry was shot and killed by one
three men Of bad character, who were
eompsny and on terms Of open enmii
with the soldiers. The men were a
rested, committed to prison, and brougl
To trial at the next term Of Court T~
OF them were gamblers and deaPeradoe
and supposed 10 have more than on'
had their hands stained with bloc,
The third whom shall call shor
though bearing am unsnviable reputatiS
vas regarded as one unlikely 70 slsy