The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-06-10
c1RcUMsTANTIAL EVIDENCE.
A Case Showing How Easy it Would
Have Been to Convict the Wrong
From the Albany Express.

marty OF u1C4 HdQ D66H u4oCQeSiuS N1C
Kemnller case, and from that had drifted
into a discussion of the abolition of the
death penalty, and one of the number had
inst told of an execution by hanging OF
which he had been a witness, when John T.
NcDonough, who is so well known to AL
hanians that he needs no further intro
duction, remarked:
II have seen Just one hanging in my life.
and | issued the warrant for the arrest of
the man saw hanged. 1t was rather a re-
narkable case, and 1t taught me always to
look upon purely circumstantial evidence as
not very good.
How is that9 Let US hear the case" said
one OF the party.
"Well, it was like this. 1t was in 1872; [
was quite young then, and had just been
elected Police Justice in Dunklrk. One
morning a German whom knew came to
me, bringing with him Polander, and said:
This man tells very strange story;
either he is crazy or else murder has been
committed in Jamestown
Naturally, was interested at once and
Questioned the German. The Pole could not
speak English, but he spoke a dialect OF
German, and had made his story Ineligible
to the German. The Poles story, as inter-
rreyed to me, was about like this:
''He had been working for man named
NARROW, a well-known brewer in James
town who stood well in the community
Some days previous an acquaintance Of his
named Bacbman had been stopping with
him at Marlow's house. NARROW and Bach
man had gore about town together consid-
erably and had become quite well acquaint-
ed, apparently, in so short time. One
evening NARROW asked the Pole whether
Bachman had money about him. The Pole
replied that be thought he had. He thought
Marlow's question a queer one at the time,
but soon forgot about it until subsequent
events recalled it to his mind.
The next day the Pole was working
about Marlow's place, as usual, when Mar
low and Bachman came up from the viii
Iage together. Bachman carried a parcel.
When they reached the house they went into
the cellar together, and remained there a
long time. Then the Pole heard what
sounded to him like shot. Soon afterward
NARROW came out of the cellar alone. About
that time some one drove up with wagon
to get a barrel of beer. Instead of sending
the Pole into the cellar for it, as he usually
did, NARROW went himself to fetch it.
When he reappeared with it the Pole no.
ticed spot of blood upon it and another on
Marlow's clothing. Then he began to think
that something awful had been been done.
After the customer had driven away with
his beer, MARROW ordered the Pole to hitch
up a team and drive to the woods after a
load of wood. This order added to the
Poles suspicious, for there was no particu-
lar need of going for wood at that time.
However, he went.
when he returned, one of the first
things he noticed was that there had been a
fire in the furnace under the brewing ket-
tie. The embers were still smouldering.
There was another strange circumstance.
No brewing had been done. There was a
quantity of water in the kettle which had
become heated, but that was all. The
Pole, who, though he could not speak in
English, could think and reason quite flu
entity in Polish, began to put together all
that he had heard and seen that seemed to
him unaccountable or strange, at least;
and drew from o conclusion tGat was as
yet vague, but suggested something horri-
bic.
Then the Pole went into the cellar into
which NARROW and Bachman had gone to-
gether earlier in the day. After looking
about for while, he saw lying upon the
floor a parcel which he recognized as the
one which Bachman had carried when he
came with NARROW. Near it were spots of
blood upon the floor and on the barrels that
stood about. The Pole had seen enough.
He rushed from the cellar, and resumed mis-
usual work, meanwhile thinking over what
best to do To his employer he gave no hint
that he knew as much as he did.
The next morning the Pole asked NARROW
to allow him take day off. He said it
was holiday among his people and he
wanted to visit some of his acquaintances.
NARROW gave his consent, and the Pole
started off. Instead of visiting his friends
he took the first train for Duukirk and
sought for some one to tell his story. For a
long time he was unsuccessful, as no one
could understand him. Finally be found the
German, who brought him to me.
We'll, you may believe that the story
impressed me. 1t was told in straight
forward manner, and there was nothing
about the man to indicate mental derange-
ment. Still l hesitated to issue warrant,
for NARROW, as l said, was citizen of good
standing and it seemed impossible that he
could have committed such a crime.
went to an old judge. to whom | frequently
applied for advice, and laid the matter be-
fore him. He listened with great interest.
Issue the warrant he said. l took the
necessary afidaviLs, filed out the warrant,
and gave it to an officer, with instructions
TO go to Jamestown with it. When we
reached the depot where the train was
ready and about to start. we learned that
Marlow's brorher-in-law, who lived in Dun
kirk, was already aboard. Evidently he
had got wind of what was going on, and
was going TO warn NARROW. We had him
taken from the train and detained, while
the officer went on. To make sure, we tele-
graphed to the jamestown authorities to ar
rest NARROW for murder. In as.short time
we received an answer in the form of
question:
do you mean NARROW, the brewerg
said the dispatch.
Yes, NARROW, the brewer we replied.
when our officer reached Jamestown
MARROW was under arrest nominally. The
whole affair was regarded as joke, how
ever. Marlow's friends chaffed him and he
laughed loudest at their raillery. Our
officer presented his papers. The deputy
who had arrested NARROW looked them over.
Your papers are all right, but you are
all wrong; Marlow wouldn't hurt fly he
said
Then our officer told his story. A party
started to examine the ashes in Marlow'S
furnace. In a few moments some one had
found kneecap. Bones of fingers and other
portions OF human skeleton were discov-
cred. Then there was no more chatting,
and NARROW was under arrest in earnest.
On the trial, the defence admitted the
Killing, but said that it was done by Mar
lows wife, who struck Bachman on the
mead with hammer because he insulted
ner mother while NARROW was away from
nome. But after the killing had once been
admitted, the jury took no stock in that
story, especially in view of the testimony
given by the Pole. NARROW was convicted
and hanged.
Il thonpht tha, and still think that if