Weekly expositor. (Brockway Centre, Mich.) 1882-1894, 1889-05-16


in the deductions. 1t had but one purpose
to raise reasonable doubt in the minds
of the jurors. Every train OF thought
focused upon this. The prosecutions
theories as TO the numerous details of the
case were met with luully clever theories
By Mr. Barkworth all to show the posi-
bility of another state of consequent fact.
The argument as to the improbability of
the guilt of the prisoner was an achieve
ment in shrewd generating of facts. Lati
mer changed his Indifference TO fixed in
terest. And when the horrible picture was
drawn Of son staying his sleeping mother
his eyes welled with tears, his face flushed
under the struggle to keep up his calm
front.
The argument consumed nearly three
hours in its delivery. The opening dealt
with the Importance Of the case. This is
solemn and sacred inquiry said Mr.
Barkworth- ~I'here is on one hand the
interests of the people Of the state of Mich
igan, on the ether is involved human life.
/ must insist at the outset that the facts
must not be brought out so as to prove
guilt, but that they must inevitably show
guilt. But not until every safeguard the
law throws around this defendent not un-
til you believe and are not merely impelled
as 10 AN idea Of his guilt, will you convict
this man. 1t is better that ninety nine
guilty men escape than that one innocent
man be convicted. The feeling of the
prosecuting attorney in this case. He has
endeavored TO annihiate the story Of this
defendant going upon the assumption of
guilt without establishing it. The prose
cution did make three points upon the
blackboards Of your minds this morning.
But he did not join them. The ropes in the
strand, the links in the CLAIM are lacking.
The whole theory of the prosecution, the
starting point, is the assumption that this
man Is different from the rest OF mankind.
They ask you 10 penetrate into the motives
of Irving Latimer, thing the eye of lntin-
ity alone can do, and assume that ne is u
wonderful man in order that you may find
him guilty
'''Tnis case is without parallel in the
history'Of crime. Nothing of the burden Of
mothers love had been withheld on the
one side, nothing of tilial love on the other
Latimer is not "a criminal by birth or train
ing; he was loved and loving Without any
sufficient motive, we are asked TO believe
that he stified the cries that once were lul-
labies 20 him: that he strangled, crushed
the source that gave him life and nourished
and caressed it. Horrors 1t is well that
the prosecuting attorney said that you
must believe that Irving Latimer is other
than an ordinary mortal He is monster
If he s.guilty, brute. You do violence 10
your oaths ii you find this young man
guilty upon this assumption. We ask you
not 10 make him better than he is, nor
worse than he is
The argument here turned on the improb-
ability of the prosecutions theory. If DR..
kimball had seen him with "a revolver last
| fail, thaJ would at the outse. check the
plan. The night chosen. when reception
was being given at the jackson Guard
armory, ana when his friends would be re-
firing during the early hours Of the morn.
ing was held up as wholly inconsistent
with plan of generalization. If he had
nlunnau nlihi ha xynuld no fool
enough 10 tell so silly lie about his trip to
Detroit His actions in Detroit were des-
crlbed as showing no effort 10 PLAZA an alibi.
His financial condition, stock OF 81. 90
against 81 900 debts, is "a good as that of
| the average merchant Even if bankruptcy
were imminent he could have given his
mother mortgage upon his stock aud Sc
cured for her the money which was TO sus-
tain her in her Old age.
1.-THE whole order has been subverted in
this case. The prosecution asks you to as
sumo that Latimer is guilty and force you
To prove his innocence. They say to us,
why don't you support Latimer by other
evidence Why don't they contradict him /.
They have the whole power and all the
wealth Of the treasury OF the county behind
them 10 bring witnesses here 10 show
whether Latimer lied in the story of his fl
nancial transactions. You are 10 assume
tn Il he lied. They ask you to conjecture
their theory.
what is the peoples case. Blood on
Latimer's stockings and blood in Irving s
room. That blood in the room is mystery
that you will have to con ecture great
| deal before you connect IL with Latimer.
| II is vastly different thing TO get him back
! TO jackson that night ana getting him at
the Latimer house We do not have to ex-
| plain those blood stains. The prosecution
must show that they came from the murder.
With an alibl in his mind he has an hack
| man in Detroit take him TO a train. Any
| boy planning an alibi would know enough
| to have the hackman take him 20 the hotel,
| or any place but the depot. There is one
! fact inconsistent with the evidences which
! think should settle this case. If Latimer
returned TO Jackson to commit murder why
didn't he take the +:45 train TO return to
! Detroit that morning, instead of the 4 20,
| when lt Was daylight This fact makes the
| peoples theory altogether unreasonable.
'When Latimer lied or attempted TO lie,
| what an easy victim he was for them
! When he was on the stand for eight long
| hours the skillful and adroit cross examinn.
| ton detected not flaw. No trumped-up
| story could withstand that test.
Mrs. Latimer received So from Mrs
! Darrell on the street the day before the
murder. There are men who would not
scruple TO take life for this sum of money.
He would. have had no trouble. The dog in
the mousse was net watchdog. lie would
have had no trouble in evadng il.
"1here are three facts upon which the
prosecution bases its case-the alleged pos
session ofthe revolver the blood upon tie
stockings, and the return TO Jackson. The
first and second are wholly consistent with
the theory of innocence. And the third is
but a duplicate of similar act in the lives
,of scores ofyoung men in this city in their
larkings."
On the morning of May G, Thomas A
Wilson began his argument for the de-
Tense.
Mr.. Wilson'opened his argument by say
ing that he was about to speak the last
words that could be spoken in behalf Of
''ths boy, who is charged with a terrible
crime He complimepted the jury sys
ten, but said that mistakes of courts and
juries had caused thousands of innocent
men and women to lose their lives. This
should teach caution and delibcraton in
this case, SO peculiar. He said that the
public was hasty TO condemn, wrought up
by the horrible ofgensiveness of the crime.
He asked the jury 10 consider If every link
in the chain OF evidence had been welded
80 that there was 10 avenue of escape,
otherwise there mt st he "a reasonable doubt.
The law, Mr. Wilson said, humaney pre-
md "A los, =