The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1888-12-08


enqureG What was he doing over the
river" lie answered, THAT Is none Of
your business,
There Is some contradiction In the testi-
m0ny ~ 10 the parlyings 1T that corner
lIer'zner had gone for the pol &c, Some
of Cuftins acquaintance had happened
along. Il was said aud denied that Con
dolf promised immunity If Curtin would
tell Why he was oven the river To Cur
tins inquiry why he was detained some
une informed him you have assaulted
some girls" This he Indignantly denied
He demanded When, and where, and dis
claimed having done any wrong 10 any
one. Policeman Daily came; Curtin was
given him u prisoner; he said to DAILY (and
this Is Days testimony, L am charged
with assaulting some girls, have done
nothing Of the kind; take me, or go with
me To them, now, and II they say | assault
ed them, | will 60 to Jail and | will no,
ask for bail DAILY excused himself and
Curtin was locked up.
Are these the words and acts Of guilt,
within an hour of the commission Of a
crime' No! they are the brave lnstinc-
tive impulse of conscious innocense.
lnnocense Ia always brave guilt, never
Williams are always towards.
What have thus far written Is the sub
stance Of all the important testimony had
before me, except the corollaries. They
are mine.
@ + d. II Is the province of courts
and juries to weigh, sift, analyze testimony
as 10 It's probability, possibility, connec-
tion, cause, source, motive, and other why's
and whereiores, the residuum Is the YER
dict. The testimony WAS closed: Mr..
stead did not care to address the Court.
Mr.. Conway arose 70 do so. | said the ties
tlmony did not seem to sufficiently con-
meet the defendant with the assault:
Mr. Conway subsidized; Mr. Stead asked
to be heard; | heard him. He did not
bring up any testimony that | had not
heard, or that had forgotten, but he made
an eloquent, earnest address, Mr. Conway
spoke for his client; Dir. Stead closed fer
vently. lie spoke as If he believed the
defendant guilty.
Mr. Stead, Mr.. Conway and | occupied
different positions: Mr.. Stead was there
TO convict; was there to enquire whether
conviction would be just to the defendant
Mr. Conway was there to acquit; | was
there to enquire whether acqulttal would
be just to the people, added that | saw
no reason TO change my judgment.
must admit, here, that had an inter
est In the case: | thought likely that a
conviction would place in my hand six or
seven dollars cost. | acquitted: my hand
is empty and clean.
The records Of courts are full of cases of
mistaken identity where long time has
been taken, much treasure expended una.
vaillngly to reach the truth.
VIM. Ferguson, night clerk at Whites,
son OF Charles Ferguson of Freedom, in =
conversation had with him two or three
days after the trial, assured me that Curtin
was at the hotel much of the evening, and
that he was there before the electric light
expired and after Could he be at the
scene OF tho assault at the same time' |
have never hoard any one doubt the integ-
rity or veraclty Of father or son, with or
without oath.
A careful review and analysis of the
testimony does not strengthen my belief
tina. All assault was committed, but IL does
that the assault WAS committed by some
other person than James NJ. Curtin.
Many juriss have disagreed; other courts
have been influenced by guSh, or newsps-
per soash With "mens conscia recti," |
hope tho slurs which have been thrown
toward me, have fallen as harmlessly at
the fee, OF my friends as they have at
mine. ARTHUR LOCKWOOD.