The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1886-03-28
AFTERNOON SESSION.

: AFTERNOON SESSION.
Court met pursuant to recess.
Capt Carter resumed his argument in
l behalf of the defense
Il think l was at the board pile with
Burgin Jones when We adjourned; the
State was there without him was ur0.
ing that bHFuin was there, skinnipg Of
his shoes; State says il too early to begin
the sklnning process State insists the
people at the board pile, went from the
pile over to Joyce's, came back bv the
pile and went home. Does it not seem
marvelously strange, if they determined
to commit II urder, they would 20 to the
pile AZ all Why go within 1 miles Of
Joyce's, spend half day. Surely It would
, be found out they were there. Why 20
to the board pile? Why kill these peo-
pie the day they were there; why be in
vicinity; why go by Molgan's, where they
would be seen by the whole Morgan
family; why gD with such publicity, &c..
If cowardly, secret murder part Of the
purpose? Do<5 it not seem ii these peo-
Il pie contemplated this. they would have
gupe mp the sehlic road, up the raitron4
on ersqs ties, turned up on hard grunnd
and reached the hose In this way? Is
il it not nlafxt l8usly etFangs, IL they had
/ murder in their nainds, they should have
! gone to tile board pile at allr Why not
have gone un,ieI uover of nj Sht? L. would
not haruoIRBe with the theory worked
UP by the detective. lie must have them
there ON u rainy dav, nave them at the
board pie, have them going uI5 if not al
these, their case falls; for il II Il every
link is couip pieLc, tile case fa.l,. rIe first
link is mIssIng; that it WAS 'siirlI rainy
4 day the people were not at W Tx. Judson
Morgan woike / all day. / hey then must
have them al the b rard pile, and carry
them back To thc pile; then absence oi
tracks would create another inIsei -lg link.
the detective iSlI necessity OF having
tracks leading from the board pie; with
out these, the case falls. l viii show the
detective forged tracks. Now what
tracks were going from pile? Cling
Starnes and James Miller, both good
men, looked for tracks. Went from the
gap to the pile, made a circle around; the
tonly tracks they saw we're the tracks of
two men going up the hollow and return
ing theSame way. Both witness swore
some thing How the counsel toiled to
make witness say these tracks were going
4 in direction Vi Juyce's, when III fact they
were going almost directly South while
Joyee's was almost West iroul the pile
These eopIe went to work, and got
home by dusk. fhe burden is not on us
to show YOU we did not ~ from the pile,
but burden on the Stats To SNOW We did.
The prisoners cuIicede tiny were at the
board pile, anu admit InaIIng tracks go
ing anu returning, admit making tracks
up the hollow w Tie tree from which the
GUS were gotten. These tracks were
made by THESE men i'll going after cuts; II
not, why did not the State show it. If
| .I,NlIih WbV httl limo
Starnes 90 back and circle around
again and see II these tracks went be
yond the Tree where they & t the cuts
If the State cannot show tracks made
from the u artpIlc To Juyce's Tie case
4 falls. 1iiis hiatus Is must important
link i'll this chain; aud then another link
is gone, and this. all gone; the detectiye
tried to put tracks -'In the silt hill side,
was one OF the tricks vi his trade he tried
to apply. But they say tracks Wer; seen
al tire Spring, at the chestnuts; at the
gap, some going tJward Haywood, others
elsewhere, but no tracks from there.
Tracks they found were not tracks they
made. Same witness SAYS the brugan
track at the Spring was the larger of the
two; after tracks got away from Spring,
the brogan got shorter. they say Peter
Miller run oil On a cold trail; he took
measure OF the tracks he followed, gave
Deavsr part of measure he toUk; and
vet the State forgot to put Deaver ON the
stand to shox Miller had He'd. Th"y
! may argue 10 you Miller lied, bat
would not pat Deaver up to show it.
Mr.. Rutherford also had q measure, but
when he was on the stand and asked
where was his measure said it was at
home, diduL know it was needed; oi
course lac knew it was not needed Ii
Deaver Thought that measure would help
him, don't you know 1t would have been
here? The prusec .tlon, powerful enough
to employ al able array ofcounsel, would
have had the measure here 1t II could
have helped the case. State ought 10
have had that measure herr; II ought
not to have withheld anything which
might throw light; ought to have ask ed
/ Mr. Curtis il tracks IN sand res .iiIbte
track at the spling. They preferred u
ask Curtis il tracks he saw nrInth alter
wards reseinbled tn, tracks at the spring;
| why not ask him if tracks made iii the
sand resenbed tracks at the spring
| But they say the impressions OF tracks
made in s,,nl and nnnd best agency to
detect trsa;.ks by. This isprelty InIaSery
| ideal ur;hury, but not iacIs, not
such facts as would justify the hanging
of men upcn
What ptcaliarity in track at spring.
/ No marked peculiarity at all-ali swear
this.-some wanted to make it appear
lone track loaked like long heeled boot,
i and O double-soled boot but you all llknlw
many people wear such boots. All this
tide..tiiy ol tracks is the result of distor-
ted vision No man ought tn have at
tempted To swear to identity OF tracks
Wrong to yo,Isto have done 3d.
D. | L. ale ar of Tlf u1u ff11lnderSfanE
4 the track wen. to Haywood. Deaver forgot,
to have tracks pointing toward Haywood
put down en- this map. Hope you will re-
buke such attempts of a detective, employ
ed by the governor brothers, who will lot
bring all tbs circumstances, for or against
the parties charged, and act honest men.
! WHY did not the State put Jim Rutherford
Jup. He saw another track, and he propos-
cd to Bill Jon to follow it; yet, he was not
4 put up; if other tracks were shown looking
suspicious it would be ruinoIs to this case.
The counsel argued that jones
lied Rutherford away from the track, but
Rutherford said nothing of the kind, bat
the contrary. Let us have a fair thing about
this, and let no effort be made to warp the
leyidence.
4 Having s, own the resemblance oftracks,
State then was compelled to have an early
FIRE, if it cant get this, on this rainy day,
IAN falls to the ground. They must have an
Iearly fire. There were fires in the Joyce
j cove, higher up, but they were log-heaps,
which Witnesses test fly were bavping that
night. State introduce s3me witnesses q
burning, but they lived miles away; oHe
j cav, fle e ra w as af = O'clock and others ~