Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1890-02-14

heard the remonstrance of the landlord
at the Red Lion. before entering the par
lOr. He made the h0stler describe the
sOIicitude of the Captain over his famed
horse; his anxiety for his care, and both
Tobias and MIR. Ryder willingly testified.
when asked, to the great reluctance Of
the Captain to interrupt his journey; that
he told them whittier he was going, and
the nature Of his Grand; and that he
finally came into the house, vexed and
angry that he could not get another horse
to 60 on with that night, and saying that
he would think over what he had better
do.
1t was also made to appear that the
prisoner made no secret with the land
lord Of the Black Buck as to where he
was going; that he had told him he had
left his horse lame at the Red Lion; that
he had been engaged in a scuffie there,
and had got the worst Of it; and that he
was going to Pembroke Villa.
This testimony seemed to soften some
OF the strongest features of the case. Yet
there was a terribly array of evidence
against Captain COurteney, which pointed
to his guilt
Could it be overthrown2 At the con-
clusion of the second day of the trial Mr..
| Lascele had a long interview with his
client. He sat up most of the night, re-
| hecting upon what line he should pursue
on the next day.
The result of his anxious deliberations
was, that he was forced to confess to
himself that he could produce no testi-
mOny, except that as to the prisoners
previous good character. Every person
who could be found, and who knew any
thing OF the occurrences at the bed Lion
on the night Of September third, had
been called and examined. What their
! evidence pointed to was matter of argu-
ment; but there was nothing as to the
facts to be added.
When the trial was resumed on the fol
/ lowing morning, six witnesses came for
/ ward and testified as to the excellent
/ character of the accused. Two were Off
! GERS from another regiment, two were
{ merchants, and two clergymen of Fps
/ wich. All spoke of him in the highest
I terms.
The addresses of the lawyers and the
! charge of the Judge occupied the remain
! der of the day.
| UnfriendIy as the audience evidently
/ was to the prisoner, 1t was thrilled and
/ electrified by the powerful effort that the
! great London advocate made for him
/ that day. He spoke of the strange occur
! rences of that night at the Red Lion as
! things for which the prosecution admitted
| that they could not account Nor can
| we explain them, he said. They are as
! tonishing; they seem to me to have no
! connection with the quarrel of those two
! men in the inn parIOr. And being still
/ o.
/ they should be totally rejected from the
/ case
He went on to condemn in the severest
terms the theory of the Attorney General
| that the prisoner had planned a murder;
that he had any knowledge that Barnwell
! was at the Red Lion; that he came there
! himself for any reason, except that his
| favOrite horse had fallen lame, and the
/ desire to have him speedily cared for. AS
| for the meeting in the parlOr, it was pure
~ q chance one.
What happened there, gentlemen of
/ the jury" said the advocate, "has not
| been told to US. The man who is on
| trial here can tell; he wishes to tell; but
the law seals his lips; he cannot be a
witness. But there was no crime COM
mitted in that parlOr. What became Of
Robert BarnWeu he knows no more than
you know. 1t is a mystery now; 1t will
not always be. Things that are thus hid
den are sure, sooner or later, to come to
light. And we shall live long enough
I know we shall, the most of us, certainly
to be permitted to penetrate this mys-
terry. But there was no murderi ThinB
of the absurdity of it! A young man O1
high chaFa cter, holding an honorable Pc
sition in the service of his King, on his
way to his bridal, TO turn aside and &C
| out Of his way to make quarrel with his
poor, defeated rival. It is Incredible
nay, it is impOssible!"
, Mr.. Lascel1e then addressed the cOur
with impassiOned earnestness. He
z claimed that no case could found in al
English law reports where there had beer
a conviction for murder without the find
ing of the body of the alleged victim. HI
{ urged that such a conviction would bt
, wrongful and unlawful. For aught tina
/ had appeared on this trial Robert Barn
2 we'll might be alive and well. At leas
3 the accused should have the benefit o.
the doubt, when the doubt was as stronl
as 1t appeared in this case.
The closing speech of the AttOrne,
/ General need not be referred to at length
I 1t was strong, bitter, and rather unfair
Its character may be imagined from hi
3 opening. AS to the question of the fail
ure to account for the body of the victim
S he grew eloquent and fiery.
The prisoner and his unknown accom-
e plices have put it out of our power to d.
that" he Numbered. The remains o
3 poor murdered Robert Barnweu ar
o. probably at the bottom of the North Sea
3 They may be elsewhere. Wherever the,
4 may be, Ralph CoUrtenay and his cOnfed
crates have placed them there"
3 His lOrdship charged the jury. Il
8 gave good summary of the facts proven
S and evidently tried to be fair in his In
2 structiOns; but he left the impressio.
{ that he leaned against the accused.
, The Jury were out less than an houI
I Their verdict appeared on their face
I when they returned to court. 1t was
9 guilty.
CHAPTER XIV.
= WHERE IS THE TRUTH?
The verdict was expected by the grea
| crowd in the courtroom; 1t was greete
. merely by a buzz of whispered remGr
o / when 1t was announced.
! 1t was hoped against by the accused