St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-23

fairness and not to use innuendO. He
characterized the putting in evidence of
the letter of Miss Van Vie and not
quitting the lady herself on the stand as
showing motive of unfairnesS. 1t was
cruel to prosecute man by pursuing a
course that was unfair and that can
throw no light upon the case.
An expert man can pull weight into this
boat, but that does not prove the boat is UNI
safe. There has been no professional opin-
ion here. Mr.. Miller, who built the boat, is
not an expert. Then they brought Mr.. Sui
Ivan. W hat kind a man is he to bring here.
lie was violently prejudiced against Horton,
ana it was his Official duty to arrest him and
look up evidence. He violated all principles
OF law by openly accusing Horton of
murder lie is not boatman, but the SUI
perlntendent of experiments, and knows
nothing of the build of u boat. He takes into
his employ Moriarity- laughter in
COURT.
Judge Kelly-I will order the sheriff to
clear this court if any such demonstration IS
repeated.
Mr.. Erwin continuing, said Mr. MORT
arlty don't claim to be an expert and all he
uld was under order from Sullivan.
Seven experienced men have testified to
The world that that boat is not safe and
would Zip over every Time under the eircum-
stances detailed by The defendant You
must Try this case on the testimony, and you
have heard that the boat is unsafe. When
that was proved the sun commenced to shine
on Horton
Has any evidence been produced by the
state that Horton ever treated his wife I'M
kindly. while at the Landroehes? You will
read Mrs. Horton s letters TO her mother, in
which she says she is lonesome when Horton
Is away at his Office, but happy when he is
with her at home. Do you suppose man
could lie down by his wife's size when he
was contemplating
n COwardIy Murder?
Do you suppose he could kiss his child
when he proposed killing her?
Great stress has been laid upon the fact
that where the accident occurred the river is
lonely What proof mas been brought that
Horton knew anything OF the river or its
peeuliarities?
Mr.. Erwin reviewed the testimony given as
to the depth of the river and the strength of
the current.
Judge Kelly at this point asked Mr.. Erwin
how long he int n e. to speak.
Mr.. Erwin-May it please your honor,
don't know.
Judge Kelly-Well, you have spoken FIVE
and half hours, and you must have some
consideration for the court and jury.
Mr.. Erwin-four honor sees that / am
wasting no time. | have q handkerchief now
tied round my body in order to be able to
stand up.
The 2ourt-well. proceed
MT Erwin, III continuing. went into the
evidence showing the soundings made as to
the depth OF the river. Proceedings:
IL,
rememoer that the defendants story has al
ways been the same, md what is remarkable
about 1t is that it only contains such things
as he would be likely to remember. Now, if
this story was made up he has done what no
other man could do. he has given the exact
facts which an accident of this kind would
really present. If he had known his story
was false. on crosSeXamination he
would have been confused by Mr. Mum.
You saw him stand by his story, and you saw
IN that the strongest evidence as to his inno
cenee. Not Il single change did he make in
that story. He endured a strain on that wit
ness stand which no actor could endure. The
state had tried to break his story down, but
they had failed. He bore himself as no Grim
mai could under similar circumstances. The
last resort of the state was that a lapel of a
vest was not wet You can judge for your
self II that is an infallibie test
MI. Erwin, in speaking of Horton going
home obed, became most dramatic al d in in
tense tones exclamed:
Aye. gentlemen, he went home to sleep,
Dut II was the sleep of innocence. for guilt
can never sleep, and thank God for it,
Conceive that the accident is suspicious
conceive all that you can, but wnere is YOUR
proof TO compel you to say this man is guilty?
There is not single circumstance which is
not susceptible of explanation. congratulate
you that you have case i'll which, upon con-
slderatIon. you Will find there is no evidence
you can Tx your hand upon to place the seal
OF death upon your fellow man. He has
waited patiently, his story on the stand is I'M
DroKen by the state. He is no longer q
man accused as a criminal; his character is
as good as that of any man upon this jury,
and he is entitled to every consideration at
your hands. If had not confidence in your
Integrity, | would continue until this court
would adjourn, but your splendid bearing
lmpresses me that you will try this case
fairly as if your bro her sat where the de-
PENDANT sits, man prosecuted and prose-
cuted by an unkind fate, but I invoke upon
you the blessing of the great God when you
are celebrating upon the sacred duties Of
your Office