Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1894-12-19
AN ALIBL.
Being False It Gould Not With.
STAND Investigation.
IN. 7. World

plan CRIME WORKS every point ana detail
70 one common center-an aliti The law
has common sense enough in this one par
ticular to presume that Q man who Is in
Boston, for instance, when q murder is
committed in Cincinnati could not have
fired the shot or struck the blow. There
fore, let one accused Of crime prove to the
Jury that he was at some other point 1t q
certain critical hour, and he must be de-
clared innocent. This knowledge makes
the alibi favoritc defense. If not clearly
proved, it always raises doubts and affords
opportunity for argument. On the other
hand, however, when an alibi Is fairly
beaten by the prosecution. then circum-
stantial evidence becomes the death trap Of
the accused, and he has no show.
One Of the best laid alibis ever ran up
against in my career as detective, and one
Of the easiest to work out after got the end
Of the thread in hand, was put forward in q
case in Iowa about twenty years ago. The
situation was this: In a small village in
the western part Of the State lived Miss
Clarinda Moore, q spinster about forty five
years Of ago. She was worth fifty thou
sand dollars, and she had adopted boy
named Byron Fergus. At the date Of
which am writing this boy was no longer
. boy, but young mau Of twenty-three
He was employed as q clerk In dry goods
house, and boarded and lodged at home. He
was adopted at the age of twelve, and on
the day he reached his majority Miss
Moore made will leaving him every thing.
This fact was known to all In the village.
Fergus was model young man. No one
could point out single bad habit. He was
trusted and respected by all, and had he
been accused Of the slightest dishonesty no
one would have believed the charge.
Ina smaller village six miles away Fergus
had an aunt who was widow and lived
alone, with the exception of having the
company OF a servant girl. He was in the
habit of going over there about once in two
months and remaining over Sunday. On
these trips he drove horse and buggy be-
longing to the village cooper. The horse
had q peculiar habit which will be described
later on. One Saturday evening Of July
day Fergus drove away on one of these
trips. There were two or three women at
the gate In company with Miss Moore when
he drove away. The only thing out Of the
usual run was the remark that Byron looked
rather pale and seemed bit nervous, but
probably this would never have been
thought of but for what came to pass.
At eleven o'clock that night there was
q thunderstorm, and an insurance agent
who was on the road between the two
villages, with horse and buggy, drove into
fence corner and sheltered himself as
well as possible with the waterproofs In
the midst of the storm a horse and buggy
came along. The driver was so enveloped
by waterproofs that the agent could not tell
whether he was old or young, large or
small, white or black. At that spot the
road had been lately graded up and was
very soft. The stranger was urging the
horse to trot, but the beast found the mud
md 0nl OF IL
AS the strange horse came opposite there
was long, vivid fash Of lightning, and the
agent saw that the animal had his head
turned to the right and his tongue out.
This was the peculiar habit of the coopers
| horse when on a walk. When trottinP ha
held up his head and kept his tongue back
The agent identified the horse to his perfect
satisfaction, and called out to the driver,
asking who he was. Instead of hating or
replying the man struck the horse sharply
with the whip and was out of sight In 4
moment.
That's old Shepherd (the cooper), and
he's afraid am highwayman," Laughed
the agent, and, the rain ne:S; beginning to
cease be rna3a1 ready to resume his jour
Miss Moore was an carly riser, and: more
over never missed church services. AS the
| seen
church, two or three of her friends called
at the house on their way to ascertain her
excuse, They found the curtains down and
the doors locked. AS they knew of young
Fergus going to his auut's the evening
previous they reasoned it out that he must
have returned during the night for Miss
Moore, she perhaps being wanted for an
emergency. This theory satisfied them
until about four o'clock IN the afternoon,
when one Of them returned to gather q
bouquet Of flowers. She then noticed
bloody finger marks on the back door, and,
trying the door, found it unlocked. She
dared not enter the house, but two or
three men were summoned to make an In
vestigation, and Ia q few moments It was
discovered that murder had been commit
ted. The dead body of Miss Moore was
found In the sitting room at the door Of her
bed room. She had been struck three ter
| rible blows with q club or other blunt
| weapon, each sne breaking the skull.
I was visiting the sheriff at this time, and
| we were driving through the village when
the first alarm was sounded. was, there:
fore, at the house among the first, and
being placed in charge by the sheriff kept
the people out until could make an inyes-
tigation. The murderer had not obtained
forcible entry to the house. Not single
article of value had been removed, nor hid
any ransacking been done. qhe woman had
! been struck down where the body lay, but
| her hands were clenched as if she had
grasped the weapon of death and it had
been pulled away from her. The palm OF
one hand was torn and bleeding. / did not
know either the dead woman or Fergus,
but wanted authority to arrest the latter.
| When this fact became known was regard
| ed as an idiot or a lunatic. A general cry
went up that Fergus could no more be sus-
pected than an angel in Heaven. but while
the sheriff was left to secure the necessary
! papers drove out to interview the young
man and break the news to him. If Fergus
was guilty his defense would be an abb,
and he had carefully arranged the details.
| He would be expecting the news, and he