Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-07-27
CHAPTER vII.-THE vERD1cr.

uCF VI n1algdFet OdFue was markco W
none of the unexpected turns or sudder
surprises that not frequently give such q
dramatic interest to the proceedings AL
the efforts of the police had failed in un
earthing any facts that could throw new
Light upon the subject, and the evidences
brought forward was almost identical with
that given at the Coroner's inquest; the
counsel asked o great many questions, bu'
elected no new facts fimportanceSt the only
witnesses called for the defense were those
as to character, and one after another the
officers of Mervyn's regiment came forward
to testify that he was eminently popular
and that they had never observed in him
any signs of madness.
They said that at times he got out oi
spirits, and was in the habit of withdraw.
ing himself from their society, and that on
these occasions he not infrequently went fol
long rides, and was absent many hours; he
was, perhaps, what might be called little
queer, but certainly not in the slightest
degree mad. One servant Of the family,
and many neighbors gave testimony to the
same effect, and DR., Arrowsmith testified
that he had attended HIM from childhood,
and that he had never seen any signs of in
sanity in his words or actions.
Ruth had escaped the one question which
she dreaded, whether she had seen anything
in the room that would afford a clue to the
discovery of the perpetrator of the crime.
She had thought this question over a hun
dred times, and she had pondered over the
answer she should give. She was firmly re-
solved not to tell an actual lie. but either to
evade the question by replying that when
she recovered her senses she made straight
to the door without locking round; or, if
forced to reply directly, to refuse to answer,
whatever the consequences might be. 1t was
then with sigh Of deep relief that she left
the witness boz, and took up her station at
the point to which the policeman made way
for her. As she did 50, however, he whis-
pered:
II think you had better go out, my girl.
I don't think this is fit place for you You
look like to drop now," but she shook her
head silently, and took up her station in the
corner, grasping in one hand something
done up in many folds of paper in her
pocket.
The same question had been asked other
witnesses by the counsel for the defense, and
he had made a considerable point of the fact
that the constable and DR.. Arrowsmith both
testified that they were standing one on each
side Of the looking glass, and although the
room had been carefully searched, no half
burnt match had been discovered. In his
address for the defense he had animadverted
strongly upon this point.
'Tt was dark night, gentlemen. A dark
night in November. You will remember we
had the evidence that whoever committed
this murder must have moved about the room
noiselessiy; the evidence shows that the
murderer drew down the clothes so gently
and softly that he did not awaken the
sleeper. Now, as intelligent men, you can
not but agree with me that no man could
have made his way about this absolutely
dark room with its tables and its furniture,
and carried out this murder in the way
stated, without making some noise; it would
be an utter impOssibilrty. What IS the con-
clusion? He was either provided with q
light or he was forced to strike match and
light q candle.
I'm the latter case he must have been pro-
vided with silent matches or the noise
would have awakened the sleeper. or one
thing you may be sure, Captain Meryyn
had not provided himself with silent
matches; but even had not the sound of an
ordinary match being struck awakened the
sleeper, surely the sudden light would have
done so. ask you from your own expert
ence whether, however soundly you might
be sleeping, the effect of a candle being lit
in your room would not awaken you; there
fore think it safe to assume that in the
first place. because no match was found, and
in the second place, because had candle
been lit it would assuredly have awakened
the sleeper, and we know that she was not
awakened, that no candle was lighted in the
room.
Chow then did the assassin manage after
entering the room to avoid the dressing
table, the chairs, and other furniture, and
to see to manipulate the bedclothes so gen.
tly that the sleeper was not awakened?
Why, gentlemen, by means of the imple-
ment carried by every professional burglar,
1 mean, of course, a dark lantern. Opening
the slit slightly, aud carefully abstaining
from throwing the light toward the bed, the
burglar would make his way toward it,
show sufficient light to carry out his diaboI-
icaI purpose, and then opening it freely to
examine the room, open the trinket box, and
carry away the valuables.
"The counsel for the prosecution, gentle
men, has not even ventured to suggest that
the prisoner, Captain Mervyn, was pos
sessed of such an article. His course has
been traced through every village that he
rode, up to 10 o'clock at night, by which
time every shop had long been closed, and
had he stopped anywhere to buy sueh an
article we should surely have heard of it.
gentlemen, maintain that even
if this fact stood alone, it ought to convince
ycu of the innocence of the prisoner In his
reply, the counsel for the prosecution had
admitted that some weight must be attached
to this point, but that it was quite possible
that whoever entered the window might
have felt on the table until he found a can
81 .&
the table, or at the bottom of the bed, and
20 shading it with his coat that its light
would not fail on the face of the sleeper.
As for the point made that no match had
been found, no great weight could be at
tached to it, the prisoner might have put it
in his pocket or thrown it out of the win
dow"
When the defense was concluded, and the
counsel for the prosecution rose to speak,
The feeling in the court was still against the
prisoner.
In all that had been said the evidence
pointed against him, and him only, as the
author of the crime; no hint of suspicion
mad been dropped against any other person;
and the manner in which the crime had
been committed indicated strongly that it
was the act of a person actuated by jealousy,
u animosity, rather than that of a mere
burglar. This view of the case was strongly
brought out by the counsel for the prosecus
ion.
''The theory of the prosecution is" he
'aid, mot that this unfortunate gentleman
while in the full possession of his senses,
lew this lady, to whom he was nearly re-
ated, and for whom he had long cherished ]
! sincere affection-the character you have
leard given him by SO many witnesses
would certainly seem to show him to be a
nan incapable Of such crime. Our theory
s that the lstent taint of insanity in his
,lood-that insanity which, as you have
,eard from DIR. Arrowsmith and other wit