Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1889-12-05
forward! Though my mind must fail
C1RCUMsTANTIAL EVIDENCE

of circumstantial evidence has often sent
men to the gallows If a circumstance can
be explained away, it is but shadow. If
it cannot be explained away. it becomes a
menace to the prisoners life. A witness
may be bribed, abducted, or impeached.
A circumstance is lion In the path demand
ing blood.
1t has been often asserted that inno-
cent men have been hanged on circum-
stantial evidence. There may have been
such instances but they have been rare
indeed. In my own experience In law and
detective work, have seen some curious
things about circumstancial evidence 1t
is, in one sense, the strongest chain
which can be forged, in any other the
very weakest.
About twenty years ago | was detailed
on murder case In Kentucky town. 1t
was not to work up the case, but to save,
If possible, the young man arrested for the
crime. When got the facts and details
/ felt helpless to accomplish anything. He
was a young man of %, named Graham,
and was of respectable family. He had
been engaged to a young lady of the high
est responsibility, but they had quarrelled
about something. Common friends had
brought a reconciliation, but new sutton
had appeared upon the scene, and Ora
ham jealousy had provoked another quar-
rel. He had not visited her for two weeks
when, on the evening of Sunday, Oct. 30,
one of Graham's friends met HIM and
said:
Your rival is up at Lossing's and seems
bound to cut YOU out. Adele seems very
sweet to INN.
Graham truly loved the girl, and this
speech made him wild He turned pale,
trembled and finally said:
He is an adventurer and an interloper.
Let him look out for himself"
An hour later he started for Lossing's.
He passed several people who saw that he
was excited. The house stood back from
the road in grove of trees, and was APP
preached by two paths or drives from the
front. Graham fully intended to enter the
house, but when he came upon the grounds
his courage failed him. He was afraid he
might say or do something rash in his
persent mood and very sensibly decided to
return to town and defer his call till the
next day Next morning his rivals dead
body was found on one side of the drives
about half way between the house and the
fence. He had been struck down with a
bludgeon. Conclusions arehlways jumped
at In murder cases. Two of the negro
servants were at once arrested, but before
noon they were set at liberty, and Graham
was taken into custody. This chain al
ready contained several links. Others
were added as soon as he was arrested.
He was dreadfully agitated, hesitated to
acknowledge that he had been near the
place and blood stain was found on the
right sleeve of his coat. Before he had
been in jail one day his own father be-
leved him murderer He was examined
and bound over, and it was only after that
event that he began to protest his innocence.
The girl who had been the cause of it
of it came nobly to his rescue.
While she truly loved him, she
had been willing to make him jealous, and
when murder had come of it, as, she belived,
she felt terribly conscience-stricken and
anxious to believe in his protestations of
innocence.
When | came upon the ground, the state
had its case all worked up, and when
went over it to look for a flaw | could find
none. | had to acknowledge that | was
without hope Indeed. believed Graham
guilty. His own explanations rather
strengthened that belief. Lossing's house
faced the east. The highway in front ran
north and south The lawn was twenty
rods wide, and one drive led in from the
north and the other from the south end
Graham approached from the north He
would naturally turn In at the first drive.
but he claims to have gone ON to the
second. He followed it to the house.
passed around it, played for two or three
minutes with the dogs, and then circled
about the fish pond, and took short cut
across the grove and struck the road, not
hitting the north path at all. The dead
man had come from the village as WELL
and on foot. He had come and attempted
to return by the north drive.
If Graham was innocent, who was
guilty?
Not the slightest suspicion had been di-
rected elsewhere. 1t seemed hopeless to
look | questioned and cross-questioned
him but he could not give me the slightest
foundation for clue or theory. What
got came by accident / asked to see the
blood-stained clothing, and found it to be
a single daub of blood on a white vest. 1t
was a curious mark such as | had never
seen before. and when | quietly investigat-
ed further | discovered that the murdered
man had been struck on the back of his
head and fallen forward on his face. He
had very thick hair, and, while the blow
had crushed the skull, he had bled but
little. The blood would not squirt from
such a blow The body had not been
lifted, and so how did Graham get that
blood stain? Accident gave me the knowl-
edge. | was looking the ground over at
LOSING for the fourth or fifth time, when
one of the dogs came and leaped upon me
in a carressing way. Losing observed it
and remarked
''Old Fan was always very fond of Gra-
ham, and believe she misses him. Here,
Fan, let me look at your paw. All! it s
about as well as ever, ism it?"
''What allied her paw?' asked
''She got a terrible cut on a piece of
glass, a few weeks ago.
About the time Graham was arrested?T
''Yes."
s'Then it was her bloody paw that made
the mark on his vest that night"
Good heavens! but it must have been!"
| had clue and a hope. Everything
changed in an hour, and | now believed
Graham innocent and went to work to
secure proofs | posted up to Louisville
and examined the police records for arrests.
] followed score or more of cases to
their finish, but got nothing. 1t was my
bellef that white man committed the
crime, and that he meant robbery, but was
frightened off. | returned to the village
and looked everybody over, but got no