The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-03-19
NEARING THE END.
Arguments Of Counsel for and
Against Francis Lingo.
JUDGE wEsooTT's IRE AROUSED.

Possibility That the Case bay Go
to the jury Today.
CAMDEN, N. j., March TO- - The
opening argument for the state in the
trial of Francis Lingo for the murder
of Mrs. Miller was finished yesterday
morning, and Lawyer Taylor begun the
first speech for the defense. Mr.. Wes-
colt followed him and the state will
then have another chance. Judge Gar
rison will sum up, and it is likely that
Lingo's fate will be decided today.
Something of mild sensation was
aroused by the prosecu tors allegation
that the torn sleeve which was pro-
duced in evidence had been torn again.
Tuesday it was in the hands OF the
defendant's counsel, Mr.. Jenkins as
serted that the button had been cut off.
This has an importance not seen per-
haps at first glance. Lingo alleged that
the sleeve bothered him and that he tore
it off and threw it away. The state at
tempts to show that the sleeve, even il
torn, could not have been an inconve-
nience if buttoned, and advances the
theory that poor man accustomed to
patched clothing would not destroy the
sleeve intentionally.
The Missing Button.
There was button on it, and if it
had been allowed to go before the jury
without this button quite different
impression from the proper one would
have been made. No one is in posi-.
tion to say how the button has come to
be missing.
When court convened at 10 o'clock
Prosecutor Jenkins resumed his open
ing argument for the state. He con
tinued his review of the evidence sub
mitted, and, assuming that Mrs. Miller
had reached the point where she was
murdered at 1928 o'clock, said that it
was evident that Lingo could have co.l-
mitted the murder in the time unac-
counted for. He would place the de-
fendant in the bush lot at the same
time ac Mrs. Miller (2:2s,) Then he
would allow the defendant five minutes
to kill her, five minutes to go from there
to where the sleeve was found, nine
minutes to go to Fairfaxs, seven min
/ utes to go from there to his own home,
one minute in his home, and three min
utes to 20 from there to where Thomas
met him. That would account for all
the time.
Lingo Charged with Untruth.
Returning to the testimony of those
who said they saw Lingo in the bush
lot at 2.l5 or 2.19 o'clock, the prosecu-
tor asked whether any witnesses for
the defense had testified to seeing the
defendant at that time. He asked
whether Charley Du Hallway was to be
believed, ana said he thought he was.
The boy had said he knew Lingo. He
had seen him Il number of times, and
he swore TO seeing him in the bush lot,
and gave Il correct description Of how
he was dressed.
The prosecutor declared that the de-
fense were unable to account for the
time during which the murder was
committed, and this was strong point
against the defendant. He then pictured
in dramatic terms the meeting between
Lingo and Mrs. Miller, the assault and
the murder. The prosecutor aroused
{ the ire of Judge Wescott by his insinu-
alton that the defense had tampered
with the most important article in evi-
dence-Lingo's sleeveless coat.
SIr. Taylor for the Defense.
1t was Just 1l:30 o'clock when the
prosecutor finished his speech, and
George IL. Taylor, junior counsel for
the defense, opened the argument on
that side.
In opening, Mr.. Taylor said it would
be foolish to refuse to use circumstan-
tial evidence, yet they should be US
careful on the slippery ground of cir.
cumstantial evidence, as they would
upon any other slippery places. They
should guard against the errors that
make circumstantial evidence inferior
to direct evidence.
Mr.. Taylor declared that Lingo was
not the only victim of circumss ssances;
but he said that was the position OF the
defense in this case. He said that Lingo
was suspected, was searched for, was
pointed out and was arrested almost
before the body of Mrs. Miller was
found. Some one must have b5sn in
terested III fastening this crime upon
Francis Lingo.
The defense had, he claimed, clearly
established tho fact that the murder
had been committed by some one oshar
than Francis Lingo and IN an exhaust.
i've review of the evidence pointed ont
the inconsistencies of the prosecutions
case.
Court took recess at IL o'clock. On
reassembling in this afternoon Judge
Wescott began his argument for tine
defense. He said:
Judge Wcston's Argument.
II 9Oui hOiiOA pAilsNs A. NNAN W
enumerate those all embracing charac-
teristics which make up learning. iudg-
ment and patience, | would name the
last as the greatest, and at this time |
want to express Frank Lingo's thanks
for fair, free and and impartial trial.
That sort of trial can only rest upon
the last of these.
Over the helpless form of this negro
/ stand and with the lightning of the
law cry: Stand back! This man has
all the rights of an American citizen,
and stand here to protect him. Only
the man who cried, Wen hang the
Niger can find hook to hang the
slightest scintilla of evidence upon"
Turning towards the prisoner, with
uplifted hand, ex.Judge Wescott said
iinpressively; Frank Lingo, you have
Travelled down into the valley of the
shadow OF death; but, thank God, your
life is still left in the hands of these
twelve Intelligent men, and they will
ma Fl, nf i,letiaa 30 6npa xynt, -