, 1891-07-04

An adjournment was here taken till
about ll:30 to look over the instructions
in the case, and Mr.. Stoll then proceeded
to address the Jury. He spoke from Il:3O
till l2:3O, and from 1870 in the afternoon
till about $50. A large crowd was in at
tendance during his lengthy address. and
listened with marked attention to all that
fell from his lips.
He commenced, as he did IN his OPEN
ing speech, with the definitions OF the
crimes OF murder in the first degree, muir
der in the second degree and manslaugh-
ter. The characteristics of these crimes
were laid before the jury with the remark
able clearness and exhaustiyeuess which
has always marked Mr. Stolrs speeches.
He showed clearly that, under the facts in
the FillebrOwn case. the jury could not
return a verdict of either murder in the
first or murder in the second degrees.
The blood stains upon the kitchen floor,
silent witnesses as they were, negatived
ali idea of malice in the defendant.
And then came one of the most mas
terly efforts of Mr.. Stoll's professional
career. He took up the flight of the de-
PENDANT, and followed him through all the
incidents of it. Every circumstance IN
that fight was clearly aud logically and
eloqueHtly placed before the jury. Then
he took the defendants story of that
flight, and argued that the facts proven
in the case were clearly consistent with his
story. The conversation at Fenian's. the
stop at Mebster's 5, and the fact that at
these two places and at Fort CUfrIns The
defendant made no attempt at conceal
ment all showed c~onclusively that 1t was
not a consciousness OF guilt that drove
him on and on. They all proved that, as
the defendant testified, he was in an I'm
settled state OF mind, that he had come
to no definite conclusion as to what to do.
The fact hat he remained at Denver, a
large and %populous city, within easy COM
municat!on of Cheyenne. showed the
same uncertainty which characterized all
of that long fight. Everything in that
flight was in line with the defendants
story Of it. Nothing in it showed a dis
position on his part to place distance be-
tween himself and the county of Laramie.
The statements made by the defendant
to the sheriffs at Denver were dwelt upon
at length, Mr.. Stoll repeatedly
referring to it as the pumping pro-
cess Why did Fillebrown tremble when
approached by Sheriff Kelley? Because
he was in the presence of the mighty
Sheriff Kelley in all his glory" The OK
prosecuting attorney then attacked Mr..
Clark presumption as to Fillebrown's
seeing his father Immediately upon ar
irving at Cheyenne. lie claimed that in
tie manner jails are constructed and ar
ranged it is impossible for an attorney or
any one else to see a prisoner with any de
gree of secrecy: that, IN the nature of
things, FllebrOwn would have secured
legal advice, would have made a date
with his attorneys, and then would have
seen them in some place where there was
no fear OF disturbance. Under such cir
cumstances it was more than probable
that Fillebrown's story should reach his
fathers ears through his attorney.
Why had Hllebrown not told the truth
to the sherifs2 Because it was a delicate
step to take; 1t would not have been
right for hun to have told to these men
and to the hungry newspaper reporters all
of these things IN relation to what Foulks
had said concerning his sister; because no
man Of sense would have done it. Mr..
Stoll e~loquently dweIt upon the fact that
when the defendant had an opportunity
to place the crime upon the shoulders of
Mr.. Roberts. he had stood up like a hero
! and said: No. | know he had nothing
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