, 1891-07-04

AA+ .AAAN 81 70 IN-N 80 80
first degree he would most willingly nave
saddlel it upon Roberts, against whom
suspicion had Leen directed and whom
the prosecution were ready and willing to
prosecute upon the slightest ground,
because ne had a motive for committing
the murder, while FIllebrown had none.
Then the story IN relation to the killing
itself was gone into, and the various sor-
roborating circumstances placed in a clear
light before the Jury. If the jury be-
lieved one part OF the Defendants story
they must believe it all. The defense had
endeavored 10 prove that Foulks vas
habitually talking about women in a dis
respectful manner; this evidence had been
ruled out and on account of this the mouths
of the prosecution we're closed. They had
no right to say that the story of File
brown, in relation to the conversation Id
the kitchen, was untrue. By their own
acts they had shut out evidence which
would have c%orroborated the defendant in
this respect, and for that reason they
could not say that his story was untrue.
Mr.. Stolls mastery argument was
listened to with marked attention by both
audience and jury. He closed after thank
ing the jury for their attention.
Prosecutor DRvidson's Address.
A recess was taken then until I o o'clock,
at which time Prosecutor Davidson took
his place and made the closing argument.
The Judge is still suffering from the
Iujury he received a few days since and
could at no time during the
stand upon his feet.
When he commenced there were but
few persons present, but before he had
concluded the court room was crowded
almost to suffocaiiou; and the same
marked attention which has characterized
all the proceedings in this famous case
was again noticeable.
Mr.. Davidson commenced bv making
an attack upon the defense for dragging
into the case, both by and by
questions, incompetent as they were, put
to witnesses 10 regard to Foulks' habit of
talking about women. 1t was unfair and
unprOfessiona, on the part OF the defense
and should not be considered by the jury.
He then wen into the merits of the
case and thoroughly, and in a most able
manner, discussed the laws relative to the
different degrees of murder and to man
slaughter, as well rs to self defense. He
dwelt strongly and most emDhatically upon
the point hat from the use of a deadly
weapon malice must OF necessity be i'll
ferred, and upon the presumption of law
that a man intends the natural aud prob
able consequence of his acts.
He then vent into the circumstances
connected with the flight of the defend
ant and showed how inconsistent they
were with the prisoners declarations up
on the witness stand as to what his real
intentions were when he left Granite
Canyon. 1t was a consciousness OF guilt
which drove him on and on and ever on.
lie knew that he was guilty of a most
heiDous crime and that knowledge stayed
with him day after day and never left him.
He was afraid of arrest and afraid to re-
turn to CHEYENNE. The contention of
the counsel for the defense that he did
intend to return and tell his father all
was unfounded in reason and in the facts
as shown hAh-eyidence. FIllebrown
Knew he was guilty, and that knowledge
explained all his actions IN connection
with his flight.
He then touched upon the defendants
story as to the TRANSACTIONS Of the fatal
morning, and argued that they were in-
consistent with the facts proven in the
case, and against the laws of nature. If
the defendant story as to the beating he
received was true, the blood would not
have been in the position it was, and
would not have been scattered, but would
have been in POOLS. 1.-THE defendant lay
unconscious for any length of time, blood
would have Town from his nose, and
would have been seen IN a pool upon the
floor Of the kitchen. This fact alone was
enough to prove that the story Of File
brown as to what occurred in the kitchen
was untrue. The defendant stated that
he was dazed, that he did not know ex-
actly what he was doing, bat he had CON
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seriousness and reason enough to take that
revolver down from the wall, and form
the intention to use 1t should a use of it
become necessary.
Then as to the shooting, the prosecutor
argued that, taking Fllebrown's story, 1t
was impossible that should have been the
case. The location of the wound upon
the body proved concluslvely that Foulks'
side was towards the defendant, and not
his lace as claimed. 1t was a physical
imposslbility that if the two men we're in
the positions testified to by the defendant,
the wound in the body would have been
situated as the facts proven by The doctors
showed it to be. This fact alone was
enough to discredit Fillebrown's story,
and show it to be false. The wound in
the head could not have been inflicted
unless the deceased was lying upon the
floor at the time, Murder in the first de-
gree was relied upon on account OF this
fact. 1t was clear that Fillebrown had
shot Foulks in the side, and had then
walked up to him and shot him in the
head.
Mr.. Davidson closed about g:I5 O'Clock
with a most eloquent appeal to the Jury
to do justice in the case, and to return a
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