The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1889-08-07
FOUND GUILTY.

The man who its down to deliberately
plan a crime works every point and de-
tail to one common ccntre-an alibi. The
law has common sense enough in this one
particular to presume that man who is
In Boston, for instance, when a murder
Is committed in Cincinnati could not
have fired the shot or struck the blow.
Therefore, let one accused Of crime
prove 10 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 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 I 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 twen-
ty years ago. The situation was this (:
In a small village in the western part of
the State lived Miss Clarinda Moore,
n spinster about forty-five years of age.
She was worth $50, 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 dry goods house, and boarded
and lodged at home. He was adopted at
the age of twelve, and on the day he
reached his majority Miss Moore made a
will leaving him everything. This fact
was known to all in the village. Fergus
was a model young man. No one could
point out n 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 a 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.
He was in the habit of going over there
about once in two months and remaining
over Sunday. On these trips he drove a
horse and buggy belonging to the vii
lage cooper. The horse had peculiar
habit which will be described later on.
One Saturday evening of a 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 bit ncry-
Gus, but probably this never would have
been thought of but for what came to
pass.
At II o'clock that night there was a
thunder storm and an insurance agent
who was on the road between the two viii
lages 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 stoIm a horse and buggy
came along. The driver was so enveloped
by waterproofs that the agent could not
tell whether he was old or 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
a walk. As the strange horse came op-
posite, there was Il 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 Il
walk. When trotting he held up his head
and kept his tongue back. The agent
identified the horse to his perfect salts
faction and called out to the driver, ask
ing who he was. Instead of halting or
replying the man struck the horse sharp-
ly with the whip and was out of sight in
a moment.
"That's old Shepperd Cthe cooper, and
he's afraid am a highwayman !" laughed
the agent, and the rain now beginning to
cease, he made ready to resume his jour
ney.
Miss Moore was an early riser, and
moreover 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 ascer-
tain her excuse. They found the cur
tains down and the doors locked. As
they knew of young Fergus going to his
aunts the evening previous, they reasoned
it out that he must have returned during
the night for Miss Moore, she perhaps be-
ing wanted for an emergency. This
theory satisfied them until about o'clock
in the afternoon, when one of them re-
turned 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 investigation, aud