, 1888-03-25

was N~hSlIluOue, ne might nave Deen killed
by some person other than the defendant.
Such characters were liable to meet a vio-
lent death at any time. A horde of
sneaking, dishonest Pinkerton detectives
was portrayed as attempting to extort a
false confession from the defendant, and
even bounding his wife. Patterson's
flight was but the act of an ordinary man
and could not be construed into al evl-
dence of guilt. The change of name was
the natural sequence of the flight.
In concluding, Mr.. Patterson warned
the Jury against circumstantial evidence,
and besought the men to remember that
they were sworn to view the case from an
unpreiudiced standpoint.
As a whole Mr.. Patterson's argument
was one of the best ever heard in the
court room and will long be remembered
by the auditors. For beauty of dictlon it
could scarcely be excelled. During the
four hours and thirty minutes there was
neither a repetition nor hesitation. The
length, as in Prosecuting Attorney Stoll's
case, was the Objectionable feature. The
ground could have been equally well COW
cred in half the time. However, the gen.
tlemen, perhaps believed reiteration con-
vincing.
MIR. Stolrs address included a magnif-
cent yindication of the characters and
regulations of the witnesses attacked by
the defense, and throughout had a per-
ceptible effect upon the Jury and audi
ence. In opening he righted himself on
the Pankerton question. In this case two
detectives were employed to search for
evidence under the direction of Chas. o.
Eames, formerly manager of the Denver
branch of the association. They had
not produced a single witness, and had
consequently received no remuneration.
For bad faith in the case Eames had been
removed from his position. Mr.. Stoll
strongly intimated hat both Eames and
one VIM. Simmeral had been suborned by
the defense.
On the case proper the county attorney
made a mastery argument. Propositions
on the subject were submitted and clearly
demonstrated. A man had been killed.
Half a score of reputable witnesses testi-
fed that the corpse was that of Jas. Nc
Elhone. The defendant was the last per
son seen in the company of McElhone.
He had been arrested charged with the
crime and had fed from the investigation
which innocent men court. The motive
was robbery and revenge. Patterson posed
as a gambler, but the unpretentious Nc
Elhone had repeatedly beaten him and
won his money. Chas. Trum-
bic was to be believed the
same as any other witness
and material points in his evidence were
corroborated by Mrs. Mays, Chas. Nc
Kenzie and Hogle. Cridge alone contra
dicted the felon and would not speak pos
itively. Mr.. Stoll closed otter refuting
the charges against the Cheyenne physi.
clans and explaining the meaning of the
term murder in the first degree. The
gentleman was several times interrupted
by counsel for the defense, who main
tanned that the speaker misquoted evi
dence. The objections were upon each
occasion Withdrawn before the portion Of
the official record in question could be
found. Mr.. Stoll spoke in bis usual fine
style and excitable manner.
Judge Maginnis' charge to the Jury
was quite brief. Reasonable doubt, the
different degrees of homicide, circumstan.
tial testimony, expert evidence, and the
credibillty of witnesses were all touched
upon and clear instructions in relation
thereto given. The question of motive
was a material one, and the conduct o.
the accused after the alleged commission
OF the crime was a proper circumstance
for consideration.
By consent of all parties to the case .
verdict may be returned any time TO-DAY
if one is agreed upon.
The witnesses Cridge and Morse testi
fed Yesterday morning. The evidence O.
both was substantially as had been repre-
sented by defense. The former could moi
%corroborate Trumble in every detail, no,
could he contradict the felon. He did no
remember that Patterson and McElhonC
had once ridden in the same wagon with
himself and Trumble. Morse had onct
traded revolvers with Patterson.
While en- route to Cheyenne Cridge wa.
approached by both Eames and Slmme,
raj, detectives erstwhile employed by the
prosecution. Subpenaes were issued fol
these worthless, but both fed. SimneraI
was interviewed by a deputy sheriff, but
Inundated the officer by quoting law,
and made his escape. Just who these
men are working for at present cannot be
positively stated.