The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1886-03-28
CITIZEN JOB OfFiCE,
WEST SIDE PUBLIC SQUARE.
BILL HEADS, -,'a
LETTER HEADS:
POSTERS,
BLANKS, dc
A"d To6 WorA Of aH Afs&s dose with.
fromff@Sss aad at Lo1v fyicss.

L - 2 fs
If it had been the house. Won knou. the
house would have been .cohsil1ed befare
our witnesses could have seen il. Tote
lalr with your witnesses, Deavef; accspt
the truth IS it is, and say the fire W.
late ct night True, Il will be oOuouurio1lg
that the prisoners at the beard ,niIaEg Or
Burgin with them, or Frank madS trsrsils,
q furrow, are Of no .aRnik and
destroys the usefulness fan alibi. Gen
tiemen, come up and admit you can not
| get around the testimony of McElf0y.
Hampton, Luther and Mac Anderson.
! They say these parties may dot have
seen it until late. Col DaRidscu appses
clated this feature, and argued All the
witnesses may have seen The fire. They =
nave TO show an eally tire, TO enable
the men went from and - fine board pile
and home early. They arc Obliged To
prove that the men at tho board pile did
this deed, for if they did not, the States
case falls. am tired Of the track bsssi-
ness, am sorry respes table gentleman
came in here auslaEnsOre sgl.sSs seen il.,w
Srssembie trsekss Sstca.h sso. wbsa
be permitted In S. % ,a $50 calf
lsansactipi, but not Mhere, human lie is
W ~ ~ She On saus1lsa tais i. hight.
there sare 1t ia imuia iliNl 4 hen men rot
hea4e, huk ste. VIII - k6l5G vim ftem.
| lf Mrs. denes and lamIilg are 10 ~ =. s.Eiey-
eds they got home by dusk. This sfime
bad haoesed the community, all weEp-
talking about it, aud. the people natnral1y
had their huEds fixed u current eN eEss.
But Tie State says these people are mis-
| taken, thtay ',pig-traek' each other. Now
Mould Ike for some one to patent some
thing to- change the expression. when
dusk is meant, Mrs Jones said dusk; all
knew what thai meant. and the family
all simply use the simplest word, TO con-
vey aniidea of the time, them0sk familiar
expression to designate IT. Argument
against this shows the poverty of the
case. None dare to impeach the charac.
ter OF Mrs. Jones and daughteTs, who are
known; but they endeavot to have them
set aside, and because they are related,
and upon testimony of Jail birds. These
ladies say these men got home at dusk,
read the newspapers, went TO bed, &c.
If you believe their testimony you are
bound to acquit.
l am not begging for them on reass naale
doubt. declare to you the only thing on
earth in this case is bare suspicion. True,
they bring in Mrs Jones remark to Mrs Nor
gan. and the remark of Miss Lula to Nc
Afee, brought in here un gaIlantly, and these
idle remarks and expected to break down
their solemn statements under oath. IL
Jones committed this deed, they did it late
in night. They could not have done it and
gone three miles and gotten home at the
time proven they did. What are the sus-
picions against the Jones'? only that Jones
had an unpleasantness with Mary Rice
some time before this.
The State relies on the fact that Frank
was seen going over and trying to put out
the tracks. Too Imuch importance is at
tached to the efforts of timid man t. do
that which may remove circumstances
which might direct suspicion t.
them. Innocent people tften leave
home because some circumstances point to
10 them, are suspicious and fear charges.
Refers to Boone. Briggs and Metcalf)
Who knows what motives Frank, young
man of good character, and knowing Jud
Morgan, an enemy, was on his track, hal
and he may have acted the fool and gone
and tried to put out his tracks but don't
believe it. deny tina. he did it, the ev.-
dence proves he did not. The books are
full of instances have described: (Reads
Wharton on Honicides-Chapter 2o)
What have read may apply wi Ii special
force to the conduct OF w. H. and Frank
Jones, the law books treat such circum-
stances almost with contempt yet in all
this case, all suspicion against them is in
Volved in tue circumstances of rubbing
hands, and signing, &c, which some thought
su picious, others not ced as usual habits.
And these thingSare brought in here seri-
ously, as most Important evidence of guilt
Ireject it all with contempt, and believe
you will.
If this FIRE took place l. te at night, it
makes no difference about those tracks.
Had Frank been guilty, and his counsel
the able engineers We were said to be he
could have come in, said, ",es, | did go
up there; | stirred to- J yce's, then con-
cluded to return home; made tho,e tlacks
Monday morning" IL w easily for him
to have said this, and sustained Ri,rself?
But not having been there, he pre- ened to
stand upon the t uth " hilc il his ipno-
cence, knowing it wo Id be charg d. we
put with sses OH sta ID shoa ing a iies
could t be re .ognizcd at distance, and
showed it by repu able gentlemen; BIT the
counsel for the State show d unla rnesS in
saving tn. y recognized "old man Enocb,
some Goo yards off. No witness said any.
thing of the SOFT, said nothing about Goo
Yards. | lcad Walt.n's testimony which
shows they were near foot!og instead Of at
railroad g zen recog lizcd Enoch Morgan.
The counsel il their zeal fiji in testimony
not give n by witnesses, and you have to DC
Careful IN remembering Wnat Witnesses
testify ,ud AID Sallie said they saw
Frank but they were just mistaken ii
they don see all things, it throws suspi
ciom on what they pro Tess to see. Bill
Jones went to Joyces Saturday morning
by way of the bottom and iurrow Jnd went
along Saturday before JoI es did, saw-them
SUNDAY, but saw no disturhans c in the
tracks between Saturday and Sunday, bot
b,tween Sunday AMI Monday. Ju old
not see Jones' tracks made on Satuld y,
but he had said Frank made sons, there
fore he was there Monday. Now If Bill
was there Saturd ", Fr.nk went there
Monday; vice versa; Ov Jud has tosda stS
y.
If Jud is so near-sightrd and interested
he Guild not sc Q Bill Jones' track male
Saturday, when you see him ami his eoa--
duct on stand and Itlierwis, notwirh-
standing his personal good ca act r, his
Testimony, where life ard death is involved
must be taken with many grains Of allow
ance.
lack Mintz started out to swear a he,
but had not the courage to stick to II.
Who put him up to it? He lives with
Jud Moruan: J1d had to be sustained;
and Jack had TO be put up to swear q lie.
A man who would put q man up to do
such work, ! care not how god a char
acsef he can proyeS is base enough 10
sN7nr twenty-five lies. Now who pnt
a&if,fz up to do this swearing? This
d 3i,foRs saspicioA upon all such testimony.
= n SS.ar fnafimony that lajt,lA e I'll Il MT