Springfield daily republic. [volume] (Springfield, O. [Ohio]) 1887-1888, 1888-03-14
FORENSIC WARFARE.
HON. GEORGE l.. CONVERSE DELIVERS
POWERFUL ARGUMENT.
Judge Thurman Begins His Argument
Mr.. McSweeney to follow, and Mr.
Mills To Close for the State-Tbs Case
70 Go to tho Jury Friday.

COLUMBUS, March IL.
Mr. Converse took up the thread of his
argument yesterday morning at nine
o'clock. He began by calling the attention
of the court to the fact that not single
syllable Of direct testimony had been Of
fered. He thought therefore that the jury
ought to especially be careful in consider
ing the testimony. Mr.. Converse read from
an authority to the effect that circum-
all converge to the same point. Mr.. Con-
verse discussed the nature OF tho proof by
circumstan,isl evidence and quoted for au-
thorties to the effect that such evidence
must all point in the one direction with
such certainty as to exclude any other rsa-
sonable supposition.
Mr.. Converse then resumed his argument
TO the jury. He said the question Of count
ing or not counting the unsigned returns
was not question of dcafea ting or carry
ing into effect the will Of the people but
simply the question who should have the
election certificate. lie said that Mr..
Henry Taylor and Mr. Huling, and other
candidates had as great, il
not greater interest in changing the tally
sheets, than the candidates on the other
side. Mr.. Converse presented an ingenious
theory OF the commission Of the crime. BE
argued that many of the best legal minds
in the city believed that ns unsigned re-
turns should not be counted. The matter
was in doubt from Saturday till Monday.
He argued that in the pop; dsr tumuls
which followed the discovery Of the forgery
on Monday, the matter of the question of
the unsigned returns was lost sight OF.
Nobody thought after that Of throwing
argued that the natural result Of
the popular indignation following
the discovery OF the forgery
would be the counting of the unsigned re-
turns. Mr. Converse said that it was
apparent that the forgery would be dis
The tally sheet had been seen on
Saturday. and nothing could be more GER
tain than that the added tallies would be
discovered on Monday. Mr. Converse
argued from the result as to who had the
motive to commit the crime. Certainly
Robert 3. Montgomery was mot benefited
BY the forgery, nor any OF the Democratic
candidates He said that when counsel for
the State argued that only Democratic can
iidstes could have any possible motive for
the commission of the forgery, they made
! statement which did not bear inspection.
Mr.. Converse then referred to the charge
IF Judge Nash that, notwithstanding Mr..
Myers denial, he knew aud the Jury did
rot doubt that John r. Mclean was
.srIiaasa TT,,faI
ae held In his hand news
PAPER, and said he would leave
o the court the question of the propriety
" reading from it. Judge Thurman OBJ
ected to the case being argued on news.
,sper articles. Mr.. Converse then explain
ID that inasmuch as Mr.. Myers statement
lad been called in question. he had sug-
rested the reading of Mr. McCie,n's denial
n an Enquirer of date prior to the October
Election in 1885. He said that Mr.. Myers
lad stated that he was pledged to support
Judge Thurman for Senator, and the State
" affirming that Mr.. MCLEAN was .
:andidate. had sought to di.credit Mr..
dycrs' statement Judge Thurmun said
hat Mr.. Myers was never pledged to him
Is he had announced two years prior to
ss5. that he Vas not candidate for that
'fflce. He did not know, however, what
tatements Mr.. Myers had made from the
tump to get votes.
Judge Push ruled that the paper should
rot be read.
Mr.. Converse took up the argument Of
Judge Nash, and discussed At some length
he point made by the latter out of the
midnight trip to Montgomery's room Mr.. /
converse said that there was nothing IN.
essonable in Granville going out there as
,e and Robert wers on q friendly footing.
they hsd frequently slept In the same bed, /
nd in all probability, Robert, when he
old Granville to bring him out the carbon |
opy, ment to have him stay all night with !
lin. Mr.. Converse then took up the testi. /
nony Of Granville upon this point, and !
howed that it was contrsdicted not only By .
everal good witnesses, but by hiSown prsvi-
us testimony.
Mr.. Converse took mp the testimony of
imon Evans, the night watchman, and B. /
l. Brooks, the attorney, as to Mr. Mont +.
presence on South Hight street. .
t eleven O'Clock Sunday night. He pointed /
ut the fact that Evans said that Mr.. Mont.
omery had on a white overcast while Mr.,
'rooks was positive that it was q dark coat.
lr. Converse argued that there wa, too
,uch uncertainty surrounding the recos-
ition Of 3 persons identity for it to be q
trong link in the chain OF evidence. This
ras at night and the possibility OF mistake
'as therefore much greater. Mr. Converse
taid that the stress placed upon certain cir
umstances by Judge Nash, reminded him
the speech OF Sergeant Buzfuz in the case
Bardeil VS.. pickwick. He quoted some
the circumstances which Buzfuz con-
dered OF so mucn Importance, and COM
sred them with some OF the circumstances
'hich Judge Nash pointed to as having
reat weight against the defendant Upon
re point emphasized by Judge Nash that
Ir. Montgomery was not active in ferreting
ut the perpetrator OF the crime during the
lonths in which he was prosecutor after
$ commissions. Mr.. Converse said that If
Ir. Montgomery had gone outside of his
hcial duty 70 ferret out this matter, he
ould at once have been accused of at
mpting to throw suspicion from himself.
Mr.. Converse said that it wa. signii-
mt fact that ever since this investigation
.gsn, no indictment had been found ex-
pit by special grand jury. Although the
after OF the forgery had been brought
rward repeatedly, no indictment had
zen found except by special grand jury.
was also significant fact that upon the
st special grand jury, which brought in
is indictment, there were four or five
en- who had contributed to the citizeus'
nd for ferreting out the crime.
Mr.. Convers next took up the Chicago
and in beginning the discus {
IN of this branch OF the testimony, said
at it was 4 little strange that it was
und necessary to import LAWYERS from :