Morning journal and courier., 1882-02-10

of the Temperance committee. On motion
of Mr.. johnson resignation accepted.
By Mr. Gillette of Waterbury-Bill amend
ing the charter of the city of Waterbury
At 2:15 the House adjourned until 1920 a.
M. Friday.
The Wallingford Murder Case.
Closing Arguments-Charge to the Jury
No Agreement Up to the Hour of Adj
journmenf-The Jury Excused Until
This Morning.
On the opening of the Superior Court yes
terday morning Attorney Case commenced
the closing argument for the defendant Car
roll, charged with the murder of Michael
Early, of Wallingford.
In the beginning Mr.. Case carefully re-
viewed the testimony of some of the States
witnesses. Mrs. Reynolds he particularly
dwelt upon. he called her one of the pivot
al points of the case. She said almost every
thing that human witness could crowd into
testimony yet the first thing she told the
jury was that she had apoor memory. How
ever, said Mr.. Case, what nature denied her
| in the way of memory was made up in the
shape of great big ears She could tell all
about Carroll that eventful day she said she
saw him with Early, ye5 could tell nothing at
all about Early. Her eyes, were all for
Carroll. But her motive sticks out plainly.
Moreover, she is in part contradicted by the
testimony of the two Lubys, who were called
by the State. I believe they told the truth
and if they did Mrs. Reynolds did not. She
is also contradicted as to time, she claiming
she saw Carroll at half-past 4, while Mr..
| Luby is positive he Carroll before
o'clock, and he tells you why he is SO posi-
tive. If this woman is contradicted on these
points can you place any reliance on her tes
timony? Again, Mrs. Reynolds swore she
saw blood on Carroll's hand, as he leaned it
on that back fence to climb over, ninety-five
feet away. And yet there is testimony that
| it was so dark that some of those Wallingford
| burghers needed artificial light in the saloon
| they were in to enable them to see to carry
the drink on their lips. Next comes her son,
McNulty, and swears to what he saw some
distance off at ten minutes of Sat an hour
| when it was dark when those Wallingford
shops and stores were all lighted Oh, what
family for eyesight
Mr.. Case referred to the fact that Carroll
made no effort to conceal himself, but was
all over Wallingford after he left home.
| When these people saw him he was coming
| from a murder, was hep. Covered with
blood, where does he go to get rid of the
evidences of his crime? Why, gentlemen, of
all the places on EARTH he goes home to his
family. 1t is there that he lays down the
shirt--the bloody witness of his deed. He
lies on the lounge and Morrissey tells him
that Mike Early is murdered. CAROLS an
swer is: ''What, Mike Early dead it can't
be; left him but short time ago, at half
| past two!' Mr. Hubbard says it is strong
| evidence that Carroll is murderer because
| he didn't go to Earlys that night. There is
| no evidence whether he did or not.
| Mr. Case alluded to the old superstition
| that if a murderer we're brought into the
presence of his victim the wounds would
bleed. 1t is common superstition. But
here is Carroll, simple old man, who goes
| up to the house. He did not do "a thing that
| a guilty man would do. And what a won
| derful Wallingford inquest that was. Big
\ thing Somebody, must be hung. They
felt like the man in one Of Dickens stories,
who, when murder had been committed,
said s'Somebody has got to be hung it is
| better to hang the wrong fellow than not to
have somebody hung" The spirit of the
jury was to have some man hung. They
stole Carrolls shoes; combed his hair, and
| when he wouldn't confess locked him up. It
| is like story in dime novel My brother
Hubbard, like baron of old on the battle
ments of his castle hall, blows his own horn,
stamps his foot, and his retainers flock to do
his bidding He says to them: "Away with
him to the lowest dungeon depth of my
| Wallingford stronghold ~ and they execute
| his bidding.
| Mr. Case spoke of the intelligence and re-
speotability of CAROLS children.
Mr.. Case related beautiful allegory re-
garding the creation of man, introducing the
| figure of mercy, and while thes court room
| was in perfect hush, subdued by the eio-
| quent relation suddenly the speaker broke
| forth and with vehemence said But I am
no suppliant for mercy. [ ask for Justice
only. He reminded the jury that they were
| Judges of law as well as fact, and urged them
| to remember what he should read from the
| books in the case of the commonwealth
| against Webster 1t bore upon the question
of eircumstantial evidence If the murder
can be accounted for on any hypothesis other
| than the guilt of the accused, the proof fails
| That is the law. You cannot hang men on
probability. IF you entertain reasonable
doubt you must acquit.
The speaker discussed the definition of the
express reasonable doubt" at length.
| Concluding, the speaker said: Il ask you
| to remember only what have read to you as
l. law on these two points, circumstantial evil
dence and reasonable doubt, and throw out
! of your memory all I have said besides. In
| the light of this broad position lies the de-
| liverance of this old man. and remove it ye
who can" ..
AT 1906 o'clock Mr.. Doolittle commenced
| the closing argument for the State He
opened with the scene of the finding of Mi
| chael Early's body by his daughter and said
| that the law at least demands thorough in
| vestigation as to the author OF such foul
Deeds it mattered not whether it was the
daughter who stumbles over the murdered
body of her father on his own threshold,
or the mother who finds the body of her
daughter on the seashore. 1t is the first duty
of the government to protect that which
cannot be returned-human life. referring
to the remarks of counsel for the defence,
wherein he called the surveyor who drew
the map of the scene of the tragedy Club
bard's chum'' Mr.. Doolittle said: 'Mr.
Pierson was engaged by me to make the map,
and Mr.. Hubbard had no more to do with 1t
than the man in the moon"
Pagan, said Mr.. Doolittle, is not swift
witness for the State, he is a friend Of the &C
cused, yet he tells of the bruise on the fore
head which Mr.. Judd exactly locates Pagan
also testifes that Carroll told him that he
had been up to Early's to see about some
cornstalks. They had fight, and he Oar
rolD had fall, and that was to account fer
the bruises on the cheek Pagan says that
he (Carroll) had on striped shirt that day,
Mrs. Reynolds says that he had on a striped
shirt and (pointing at the article as it lay
upon the table, that blood says 80.
It mattered not what time he came from
the Early house, but did he come from that
house at all that day? Mrs. Reynolds says
that she saw man coming across the fields :;
that when he put his hand on the fence as he
was skulking off the back way she knew it
was Carroll, and she saw the blood on the
hand-the hand that was SO swollen that, as
the doctor tells you, he could not close it the
next night. Neither of these witnesses can
be mistaken it is the same story that they
told before the coroner's jury Mr. Doc
little next referred to the fact that the de-
tense had not made single request but that
it had been granted them. Carroll did not
have his victim in the house; he killed
him on his own threshold. Mr.. Doc
little next gave q graphic description
of the murder. After referring to the
methods used by Webster and Colt in dis