The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-11-21
THE ROANOKE TIMES. TUESDAY. NOVEMBER 21, 1893.

city of New York, both carried on by the
people wholly on circumstantial evidence,
both for crimes of similar character, and
both resulting in conviction on dissimilar
schemes of defense-in one case the defend
ant testifying in his own behalf, in the
other case declining the witness chair-and
the public have believed that in each case
material facts were withheld from counsel,
thus disqualifying them from dwelling
upon or explaining away discriminating cir
cumstances clearly proved Nothing is SO
dangerous to defense as an apparition of
a hostile fact which an advocate dare not
deny, and in fact cannot ON competent evil
dence deny, and is unable to explain be-
cause the falsehoods of his client have ig.
nored it,
A Case In Point.
A murder committed in the sixties in the
neighborhood of the picnic grounds of
Jones' Wood i'll the city of New York
affords an illustration of this truth Watts
and Nevins were both young men, reputed
dissolute, but not criminal characters, and
more or less regularly at work as journey.
men compositors in printing offices. Nevins
had recently come into legacy of few
hundred dollars and had stated to his fell.
low workmen that he calculated upon en-.
joying life while the sum lasted in some
other way than in setting type. Watts and
he were 1ntimates and roomed in the same
house In Sixty-third street, not far from
the picnic grounds Both were frequent
attendants at the rude dancing parties
held at the grounds.
1t was on dark eveningin August that
they both appeared in the grounds when
the East Side Star association was holding
Its annual rather disorderly picnic, at which
no lntroductions were necessary to secure
partners. Nevins fell in with q girl whom
he wished to startle with the unaccus-
toned treat OF bottle of champagne, and
about IL o'clock he set out for his room,
where he had his stock OF money. in order
to replenish his pockets. He told Watts
that he was going home for that purpose
and would soon return. He wac seen by
one Of the barkeepers in the act of leaving
the platform. A regular attendant at the
Wood, he was well known, and having
been the only champagne customer on this
evening he was noticed. Watts followed
him almost instantly and was seen to 90
down the platform stairs. The gatekeeper
recognized Nevins when going out, but had
no recollection as to Watts.
Next morning Nevins was found dead on
the floor of his room, a cleft in his skull
and bloody Ratchet near him, with which
the murder had been committed. He had
v
appeared on the platform, and when he
came up he obtained a glass of brandy and
peppermint from the bar, saying that he
was troubled with diarrhea and had Just
come up from the Outbuildings. AS soon
rs the death of Nevins was discovered thu
police were notified, and one of their first
acts was to put Watts under arrest as the
person last seen with the deceased. Watts
was found in bed In. ibis room at II O'Clock
apparently asleep. He explained his pres
ence in his room at that late hour by stat
ing that he had not returned from the
Wood until daybrcak, and that his reg
ular turn rs compOsitor did not require
him until or o'clock in the afternoon
Convincing Evidence.
AT the station house, before being taken
to the police court at 9 D. NJ, he WAS
searched under protest. and nearly $50 were
found in his pocketbook. This was not a
large sum of money, and still it is more
than most compositors carry at the middle
OF the week. At the police court he de-
ciined to answer any questions except the
formal inquiries as to place of birth, age,
occupation, etc., and although the evidence
against him was slight the magistrate
held him for the grand jury.
Watts, when committed to the city prison
to await trial, sent for lawyer noted for
his ability and gave him 500 in bank notes.
The possession of this amount of money
by Journeyman printer excited no com
ment on the part of. the lawyer Nothing
is more usual than that impecunious and
worthless fellows, when confined ON grave
charges, should be we'll supplied with
money from sources unknown to the public
and even to their own counsel A man who
could not pay note of $50 may be able to
friU In tic
dreds. The fact was that Watts had the
bulk of Nevins' money in his stocking when
arrested, and that the preliminary search at
the station house had not been thorough.
suspicion being light After committal,
prisoners are only searched for dangerous
weapons, not being allowed even n pocket
knife, for fear of suicide.
Watts instructed his counsel that. while
he knew of the departure of Nevins from
the platform, he did not follow him home.
and that as n matter of fact he did not 90
home till daybreak and knew nothing
about the murder of Nevins. All defenses
OF Innocent people are essentially negative,
as this was, the prisoner not being called
on to show who the real culprits are but
only to combat evidences or Prescriptions
of his own guilt.
CounsePs Hands Tied.
The prisoner in this instance concealed
the truth from his counsel, mainly because
he relied on the absence of testimony on
the part of the prosecution. But between
the dates of commitment and trial much
evidence pointing to Watts guilt came
into the possession Of the district attorney
None of this was known to the prisoners
counsel except the testimony Of the gate
keeper before the grand jury that young
man in dark coat and straw hat passed
out of the Wood gate directly after New
ms had gone through, coupled with that
of the barkeeper that Watts wore dark