Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1889-08-02
FALSE ALIBI.

FALSE ALIBI.
The man who sits down to deliberately plan
a crime works every point and detail TO one
common center-an alibi. The law has COM
mon sense enough in this one particular to
presume that man who is in Boston, for IN
stance, when murder is committed in Gin
cinnati could not have fired the shot or struck
the blow. Therefore, let one accused ofscrime-
prove to the jury that he was at some other
point at certain critical hour, and he must
be declared innocent. This knowledge makes
the alibi a favorite defense. II not clearly
proved it always raises doubts and affords
opportunity for argument. On the other
hand, however, when an alibi is fairly beaten
by the prosecution, then circumstantial evil
dence becomes the death trap of the accused,
and he has no show.
One of the best laid alibis ever ran up
against in my career as a detective and one
of the easiest to work out after got the end
of the thread in hand, was put forward in
case in Iowa about twenty years ago. The
situation was this: In a small village in the
western part of the state lived Miss Clarin-
da Moore, spinster about As years of age
She was worth s5O,OO0 and she had adopted
boy named Byron Fergus At the date of
which | am writing this boy was no longer
boy, but a young man of %. He was en-
ployed as clerk in dry goods house, and
boarded and lodged at home. He was adopt
ed at the age of II, and on the day he reached
his majority Miss Moore made will leaving
him everything. This fact was known to all
in the village. Fergus was a model young
man. No one could point out single bad
habit He was trusted and respected by all,
and had he been accused of the slightest dis
honesty no one would have believed the
charge.
In a smaller village six miles away Fergus
had aunt who was a widow and lived
alone, with the exception of having the COM
pany of servant girl. He was in the habit
of going over there about once in two months
and remaining over Sunday On these trips
he drove horse and buggy belonging, to the
village cooper. The horse had a peculiar
habit, which will be described later on. One
Saturday evening of July day Fergus drove
away on one of these trips. There were two
or three women at the gate in company with
Miss Moore when he drove away. The only
thing out of the usual run was the remark
that Byron looked rather pale and seemed a
bit nervous, but probably this would never
| nave De0u tuOuSub u Dub lOT WudU CtlIll0 W
pass.
At II o'clock that night there was thun-
der storm and an insurance agent who was
on the road between the two villages, with
horse and buggy, drove into q fence corner
and sheltered himself as well as possible with
the waterproofs. In the midst of the storm
a horse and buggy came along The
driver was SO enveloped by waterproofs that
the agent could not tell whether he was oldor
young, large or small, white or black At
that spot the road had been lately graded up,
and was very soft. The stranger was urging
the horse to trot, but the beast found the mud
too deep and could only proceed at walk. As
the strange horse came opposite there was
long, vivid flash of lightning, and the agent
saw that the animal had his head turned to
the right and his tongue out This was the
peculiar habit of the cooper's horse when on
q walk. When trotting he held up his head
and kept this tongue back. The agent identi-
fed the horse to his perfect satisfaction, and
called out to the driver, asking who he was
Instead of hating Or replying the man struck
the horse sharply with the whip and was out
of sight in a moment.
That's old Shepperd the cooper and
he's afraid am highwayman" laughed
| the agent, and, the rain now beginning to
| cease, he made ready to resume his journey.
Miss Moore was an early riser, and, more
| over, never missed church services. As the
| day was fine and she was not seen at church,
| two or three of her friends called at the
| house on their way to ascertain her excuse.
| They found the curtains down and the doors
locked. As they knew of young Fergus 60
| ing to his aunt's the evening previous, they
reasoned it out that he must have returned
| during the night for Miss Moore, she perhaps
being wanted for an emergency. This theory
satisfied them until about 4 o'clock in the af
| ternoon, when one of them returned to gather
| a bouquet of flowers. She then noticed
| bloody finger marks on the back door, and,
| trying the door, found it unlocked. She
dared not enter the house, but two Or three
men were summoned to make an investiga-
| ton, and in a few minutes it was discovered
that murder had been committed. The
| dead body of Miss Moore was found in tine
sitting ROOM. at the door of her bedroom.
| She had been struck three terrible blows with
| club or other blunt weapon, each one break
ing the skull.
was visiting the sheriff at this time, and
we were driving through the village when
the first alarm was sounded. l was, there
fore, at the house among the first, and being
| placed in charge by the sheriff, l kept the
people out until could make an investiga-
| ton. The murderer had not obtained forci-
BILE entry to the house. Not single article
of value had been removed, nor had any ran
sacking been done. The woman had been
struck down where the body lay, but her
hands were clenched as if she had grasped
the weapon of death and it had been pulled
away from her. The palm of one hand was
torn and bleeding. did not know either the
dead woman or Fergus but l wanted au-
thority to arrest the latter. When this fact
became known was regarded as IN idiot or
a lunatic A general cry went up that Fergus
could no more be suspected than an angel in
heaven, but while the sheriff was left to Sc
cure the necessary papers, drove out to in
terview the young man and break the news
to him. If Fergus was guilty, his defense
would be an alibi, and he had carefully ar
ranged the details. He would be expecting
the news, and he would be braced up to play
part
l found him making ready to hitch up to
drive back. He had never seen me before,
and he did not know my profession. AS
entered the barn he looked startled and
turned pale, but recovered himself after q
minute, and asked the nature of my business.
"You know, of course, that Miss Moore il
deads" carelessly replied.
"Row-how should know it'll" he exolaim-
ed, turning very white.
swell, she is dead, poor thing"
"And do they charge me with iti'
s'With whatf"
"Her murder?"
81 hadn't said she was murdered. told
you simply that she was dead. How did you
know she had been murdered?"
l,aI coll into o,,A ha
gasped and stammered and did his best to
smooth it over l pretended not to lay it ZIP
as a point against him, and speedily arranged
that he should return in my vehicle and leave
the cooper's rig where it was After the first
shock he hraced I'M wonderfully and his de-