Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1889-07-04

because 1t did seem to beevidence that some
trouble had befallen her which knew not
Of. As for the body identified as that OF
Mrs. Brownlow, do not believe that it was
she. There is no good evidence before the
court to prove that it is"
"Would You not consider the evidence OF
her relatives ~ good for the purpose OF
Identification IN this csse?''
emo"
"Your honor" said the district attorney,
81 have no more questions to ask"
CHAPTER VI
The Judge turned to the prisoner and
asked if he had not any witnesses whom he
wished to have heard in his behalf. Mr..
Brownlow quietly responded that there
were none; he had told his story, that was
sufficient for him.
"If you have any thing to say to the jury,
then," said the judge. addressing the pris-
oner once more, you have the opportunity
to do so now"
Mr.. Brownlow's address was brief: s4Gen-
tlemen OF the jury" said he, 1.-The hazard OF
drawing by lot has gathered upon your
bench twelve citizens, strangers to each
other, belonging to the most diverse classes
and professions, each one occupied with any
thing rather than criminal psychology, and
badly prepared, undoubtedly, to discern the
from the mist of the clever sophistries of
the public prosecution, well drilled as it is,
and wearing as it does the judicial apparel
which the prosecution renders solemn in
order to strike with better effect upon your
imagination. You would, therefore, be very
excusable If it should sometimes occur that
you acQuit criminals and condemn the inno-
cent. But the affair which is to-day sub
mitted to you is too simple for your con-
n 10 tcd net and will God
to make no great effort of good common
sense to set aside an accusation in which
the first element of likelihood is lacking.
You are asked to declare that I have killed
my wife, yet my prosecutors have found 1T an
lmpossibility to present any clear evidence
that my wife was the victim of my violence.
They have, it is true, declared that q GER
tain corpse found IN the river in an advanced
state of decomposition was that of Mrs.
Brownlow, but when you consider the mo-
tives that would lead the family of Mrs.
Brownlow, prejudiced as they are, to iden-
tify these remains as her body, you need
not think long before you decide that such
evidence is wholly untrustworthy. But
even if it should prove true that the body
thus found was that of Mrs. Brownlow,
there is still not a particle Of evidence
worthy . moments consideration which
shows that in any way was responsible for
her death. AS q matter Of fact, her death il
uncertain, 50 that if should be inclined to
marry again to-day no minister or wise JUS
tice or anybody having any authority to per-
form the ceremony would dare to do 20, for
NO one could prove me to be a widower.
Here il q contradiction which win not
escape your wisdom. beg of you, there
fore, to send me promptly about my bust
ness and go back to your own"
This discourse was exceedingly awkward !;
1t was full of a contemptuous condescension
for the institution of the jury, contempt
which the accused would have done better
to dissi,nulate. The public prosecutor prof
tied by this mistake; he took good care to
emphasize it in his reply to the jury, which
was forcible resume Of all the testimony
and an earnest appeal to the jurymen not to
be led astray by any idea that the defendant
was not in his right mind
'sWhy,' he said, sis it that wealthy man
should deliberately refuse to employ coun-
sci in his defense, whose whole course has
been contrary to what would be taken by
most sensible menl Why has he done 500
Because the weight of evidence is so ire
mendous that he knows there is no escape
from it, but his only chance for life, which
he, as all men, holds dear, is to convey the
impression that he is insane; but up to this
time there has been nothing in the career of
the defendant which has led any one to sup
puse that his mind was not as well balanced
as that OF any other member OF this COM
munity."
The Jury finally retired about four o'clock
In the afternoon. What were the circum-
stances that had most weight upon their
minds, and what was the course of their de-
alterations it would be manifestly improper
and, as a fact, impossible to say. The
secrets of the jury-room are kept profound
~ sacred in almost all cases. It was GER
tainly 30 In this. The audience in the court
room remained for nearly two hours with
out stirring except to indulge in converse
ton. When it was nearly six o'clock word
was sent in from the jury-room to request
instruction from the court upon point rela-
tive to the value Of c1rcumstantial evidence
and the evidence of the relatives Of the de-
ceased When the instruction that had
been asked for had been given there was
another wait, and after the room had grown
dark and the janitor had lighted the gas,
many of the spectators went out, one after
another, believing that the verdict would
not be reached that night The more they
waited the moro certain It seemed that .
disagreement HouA bo the reault Ard