West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1889-07-18
FOUND GUILTY

The man who its down to deliberately
plan crime works every point and de
tail TO one common centre-an alibi. The
law has common sense enough in this one
particular TO presume that a man who is
in Boston, for instance, when murder
is committed in Cincinnati could not
have fired the shot or struck the blow.
Therefore, let one accused Of crime
prove to the jury that he was at some
other point at a certain critical hour, and
he must be declared innocent. This
knowledge makes the alibi a favorite de-
fence. 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 evidence
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 detective,
and one OF the easiest to work out after
got the end of the thread in hand, was
put forward i'll n case in Iowa about TWEEN
ty years ago. The situation was this:
In a small village in the western part of
the State lived Miss Clarirda Moore,
spinster about forty-fve years of age.
She was worth $40, 900, and she had
adopted boy named Byron Fergus. At
the date of which am writing this boy
was no longer boy, but young man Of
twenty-three. He was employed as a
clerk in a dry goods house, and boarded
and lodged at home. He was adopted at
the age of twelve, and on the day he
l,fo ~ \
will leaving him everything. This fact
was known to all in the village. Fergus
was model young man. No one could
point out a single bad habit. He was
trusted and respected by all, and had he
been accused of the slightest dishonesty,
no one would have believed the charge
In smaller village six miles away
Fergus had an aunt who was a widow.
and lived alone, with the exception of
having the company Of servant Girl.
Hc was in the habit of going over there
about once in two months and remaining
over Sunday. On these trips he drove q
horse and buggy belonging to the viii
lage cooper. The horse had n 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 nery-
Gus, but probably this never would have
been thought of but for what came to
pass.
At If o'clock that night there was a
thunder storm and an insurance agent
who was ON the road between the two viii
lagos with horse and buggy, drove into a
fence corner and sheltered himself as well
as possible with the water proofs. In the
midst Of the storm horse and buggy
came along. The driver was 50 enveloped
by waterproofs that the agent could not
tell whether he was old or Young. large
0r small, white or black. At that spot
the road had been lately graded up and
was very soft The stranger was urging
ihe horse TO trot, but the beast found the
mud too deep and could only proceed at
a walk. As the strange horse came on
pOsite, there was a long, vivid fash 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 n
walk. When trotting he held up his head
and kept his tongue back. The aoent
identified tho horse 20 his perfect salts
faction and called out 20 the driver. ask
ing who he was. Instead Of haltinp or
replying the man struck the horse sharp
ly with The whip and was ost Of sight in
"a moment.
"fhats old Shepperd Che cooper, and
he's afraid am highwaymau :" laughed
the agent, and the rain now beginning 30
cease, Inc made ready to resume his jour
ney.
Miss Moore was on carly riser, and
moreover never missed church services
As the day was fine, and she was not seen
1t church, two or three OF her friends
called at the house on their way 20 ascer-
tain her excuse. They found the cur
tains down and the doors locked. As
they knew Of young Fergus going 70 his
aunts the evening previous, they reasoned
It out that he must have returned during
the night Tor Miss Moore, she perhaps be
ing wanted for on emergency. This
theory satisfied them until about 4 o'clock
IN the afternoon, when ono Of them re
turned % gather a bouquet Of flowers.
She then noticed bloody finger marks on
the back door, and, trying the door.
iOund 10 unlocked. She dared not enter
the house, but two on three men were
summoned 70 make an investigation, aud