Northwest enterprise. [volume] (Anacortes, Wash. Ter.) 1882-1887, 1883-08-04
CIRCUMsTANTIAL EVIDENCE.

CIRCUMsTANTIAL EVIDENCE.
Several lawyers were sitting in a
courtroom waiting for "his honor" to
come, so that the court would open
and they could proceed with business.
To amuse themselves they we're "spin-
ming yarns" and, as might be ex-
pected, every story was of some in
cident OF the law.
Judge Holmes, it is your turn
said young attorney, addressing an
old man who had been silent listener
to what the others had related.
Judge Holmes brought his chair
forward nearly to the centre of the
group, seated himself, and COM
menced HE story.
II suppose, gentlemen, l might tell
you something"
81 dc not doubt but what it would
be interesting, and L for one am
anxious to hear" said an attorney
who had much respect for the old
Judge.
"Yes! yes! go ON, Judge; tell us the
queerest experience you ever had
said another.
"Well, gentlemen, l VIII tell you
how l came to lose faith in circum-
stantial evidence" said the old judge.
'It was when l was upon the north
ern circuit, the first year that l was
judge That was good many years
ago, when the country was new. The
Judge then had to go from one court
house to another on horseback. There
were no railroads then. 1 tell you
there has been a great change in this
country. Well, l am getting off from
the subject. / was to hold the No
vember term in Piaiuville; the court
house was an immense log cabin:
behind it was log barn made on
purpose for the Judge to keep his
horse in After long, tiresome ride,
/ arrived at Plainville; l noticed a
very large crowd of people aronnd
the courthouse, and wondered what
it meant. While L was caring for my
horse, four or five of the citizens, and
the best citizens, too, of the place,
came into the barn.
"Good morning, judge said one
who appeared to be the spokesman of
the party.
"'Good morning, SIR I replied.
"Fine day, judge
eyes, sir, very tine.'
"'Got much to do in courtF
"I do not know
"You have got one queer case, and
hard one, too
"'Is that SOP
"'Yes-a murderer
~ am sorry
"It is bad, judge, and a woman,
too
ga woman murdered?'
"No, no; a woman did the murder
ing
"'That is bad; 1 am very sorry to
hear that any woman should be ac-
cused of murder
{. "'It.s awful, Judge. She is guilty,
and that makes it worse
HAS she been triedT
"No, she amt tried; you've got to
try her, and what we want is this;
don't let up on her a bit; you just
sentence her, and we'll be glad to do
the hanging
"But suppose that she is not
gniltys you don't want her hung in
that case, do your
"'But she is guilty. She bought
poison, and give it to her man. And
did we not find his body in the river,
and the poison in his bodyY
"And did not she and her husband
have q big quarrel, and she make aw
full threats to him the night before he
was found dead? There is no ques-
ton about the guilt, judge
"'Has she been indictedF
"sYes, at the last court; she was in
dicted, and we would have lynched
her; yes, sir, we came near stringing
her up
"We must give ner fair trial be
fore we hang her. I remarked.
"'We don't object to that. Every
body says that she is guilty; and she
is guilty, and must be hung. that's all
there is to it, judge
II concluded that it was not wise TO
continue the conversation any fur
ther. went into the courtroom and
took my seat upon the bench. 1 had
a hard time to get into the courtroom,
the crowd of people was 80 dense.
As I passed through among them. l
received many a gratuitous admoni-
ton like this-'Give her what she de-
serves, judge I saw that the popu
lar feeling was against the woman,
and I, too, began to think that the
people, for they were good people,
were right
"After the preliminary business OF
the court was done, I found that by
arrangement with the attorneys,
every case had been put off so as to
have the murder trial first. So the
iury was drawn. I knew that every
man in the jury box believed her
guilty, but / could not help it. 1t
was impossible to get any jurymen
who thought differently. :,
"The prisoner was brought in hand
cufed. I thought the handcufing