Alma record. (Alma, Mich.) 1878-1928, 1889-05-10

inside out ransacked, and every effort
made TO tear II TO tatters. The argument
was most ingenious i'm its logic, most acute
in the deductions. II had but one purpose
to raise a reasonable doubt in the minds
of the Jurors. Every train Of thought
focused upon this. The prosecutors
theories as 10 the numerous details OF the
case were met with equally clever theories
by Mr.. Berkworth, all 10 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
meut in shrewd generating OF facts. Lati-
mer changed his Indifference 10 fixed in
tetcst. And when the horrible picture was
drawn of son staying his sleeping mother
his eyes welled with tears, his face flushed
under the struggle 10 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
a solemn and sacred inquiry said Mr..
Barkworth. There is on one hand the
interests of the people OF the state of Mich
igan On the other Is involved a human life.
/ must insist at the outset that the facts
must not be brought out so as TO prove
guilt, but that they must inc ltably show
guilt. But not until every safeguard the
law throws around this deiendent. not UNI
til you believe and are not n erely impelled
a. 10 an idea Of his guilt, will you convict
this man. II is better that ninety nine
guilty men escape llldn iudl one lNuottut
man be cOnVic ed. The feeling Of the
public in this case has affected even the
prosecuting attorney in this case. He has
endeavored to aunihiiate 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 chain 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, a thing the eye Of lnfin.
ity alone can do, and assume that ne is a
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
ar lers love had been withheld on the
one SIDE, nothing of tlial love ON the other.
/ Latimer is not 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 TO him: that he strangled, crushed
/ the source that gave him life and nourishcd
/ 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
! II he Is guilty, brute. You do violence TO
! your oaths III YOU find this young man
/ guilty upon this assumption. We ask you
not 70 make him better than he is, nor
/ worse than he is.
The argument here turned onthe improb-
| ability of the Prosecutions theory. If DR..
| Klmuall had seen him with "a revolver last
| fall, tina would at the outsel check the
plan. The night chosen, when a 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 reconciliation. If he had
1 planned an alibi lie would not be fool
enough TO tell so silly lie about his trip TO
I Detroit. His actions in Detroit were des-
cribed as showing no effort TO PLAZA an alibi.
His financial condition, a stock of 5000
| against 81 900 debts is as good as that of
| the average merchant Even If bankruptcy
were imminent he could have given his
mother mortgage upon his stock and So
| cured for her the money which was TO sus-
tain her in her Old age
The whole order has been subverted in
this case. The prosecution asks you 10 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 they contradict him
| They have the whole power and all the
wealth of the treasury OF the county behind
! them TO bring witnesses here TO show
whether Latmer lied in the story of his fl
nancial transactions. You are TO assume
where they have no facts 20 substantiate
! their theory
What is the peoples casel Blood on
! Latimcr's stockings and blood in Irving :
| room. That blood in the room is a mystery
! that you will have 10 con e, ture d great
| deal before YOU connect IL with Latimer.
IL is a vastly different thing 10 get him back
to jackson that night ana getting him at
! the Latlmcr Eousc. We do not have TO eX-
! plain those blood stains. The prosecution
! must show tina, they came from the murder.
! With an alibl in his mind he has an hack
/ man in Detroit take him TO train. Any
! boy planning an alibi would know enough
/ to nave the nackman take him 10 the hotel,
or any place but the depot. There Is one
! fact inconsistent with the evidence which |
/ think should settle this case. If Latimer
returned TO jackson TO commit murder why
didn't he take the As train 20 return to
\ Detroit that morning instead OF the q 30,
when II w daylight. This fact makes the
peoples theory altoge her unreasonable.
When Latmer 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 eXamina-
ton detected not flaw. No trumped-up
story could withstand that test.
Mrs. Latmer received so from Mrs.
Darrell on the street he day before the
murder There are men who would not
scruple 10 take life for this sum of money.
| He would have had no trouble. The dog in
the house was not "a watchdog. He would
have had no trouble in eyading it.
There are three facts upon which the
prosecution bases its case-thc alleged pos
session of the revolver, the blood upon tie
! stockings. and the return 10 jackson. The
first and second are wholly consistent with
! the theory Of innocence And the third is
but a duplicate of n similar act in the lives
of scores of young men in this city in their
larkings."
On the morning of May e. 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 terrible
crime" He complimeuted the jury sys
TEN, but said that mistakes of courts and
iuries had caused thousands OF innocent
men and women TO lose their lives This
! should teach caution and delberation in
this case, so peculiar He said that the
| public was hasty TO condemn, wrought up
| by the horrible oflensiy eness of the crime.
He asked the jury 10 consider If every link
! in the chain OF evidence had been welded
so that there was no avenue of escape,
IA