Gloucester County Democrat., 1894-07-26

time before the defendent had, and tbs
the defendant had not seen the decease
since; that it was then suggested that b
might be at the stable of Mr. Armstrong
and that the defendant readily accompanie
them there and in various other ways, o.
that evening and on other occasions, man
tested an interest in the finding of the de-
ceased, or in ascertaining what had becoDl
Of him. You should also carefully not
the time when the defendant left the Parl
Hotel; the distance to travel to reach tn
house of Sebastian Cans; the time require,
to traverse that distance; the hour b
reached the house and whether the tim
was sufficient to have enabled him to d
what be is now charged with having done
You are to consider the facts and circum
stances and see whether they indicate sucl
a condition as the defense insists upon, o
whether they indicate anc ther and differ
ent condition, consistent with, and the out
growth Of guilt.
You are to accordingly consider all tina
the defendant did and determine whethe
these acts support the theory now advanced
in his behalf, and whether consciousl,
guilty person would have acted in tn
manner that he did in going to the house
in submitting his clothes to an inspection
and examination; in engaging in searcl
having for its object the ascertaining of tn,
whereabouts of the deceased or whethe
it was the hardihood or cunning of Grim,
seeking in that way to avoid suspicion. Ii
this connection you should also conside
his actions after he knew. or had reason t.
believe, or had been informed he was sus
pected of the commission of crime il
having caused the death of Charles Cans
Did he seek to evade the process OF tn,
law 1t is not shown that the States off
GERS at any time experienced any difficulty
in serving any process upon the defendant
He himself testifies that he did not seek t.
evade it. He likewise testiies that hs
made voluntary statement TO the Prose
cutor privately. This does not seem to bt
denied, nor is there any evidence showing
that ths statement which he then made
if he made one, was any other or different
from that which he now makes here before
you. All these things are important fol
you to consider in reaching your conclusion
concerning this matter.
There is, in this case, piece of silent
evidence, SO to speak, which is worthy oi
your most careful consideration. refer to
the watch. There seems to be no dispute
on tba onest;on that tbis was the watch ~
the deceased and that if was on his nerson
on the nipht in onestion. nor that Il Is now
stonned at between 10 and Q 15 O'clock
What caused that stoppage 1t is testified
by Mr.. Porter, the jeweler, that it was not
becanse II had rnn down nor hecanse nj
the water that was in the works. becanse
the works had not rusteo and tbe snr;no
waa MOT ant;relv nnwonnd MD the cir.
cunstances or the events which bannened
to cansa daotb of CbarIes Gans oarso tbo
stonnaoa nj the watch and did the watch
stop III -Tanuarv 10Th and If ~ did n ston
in the morning mr. in the evening and If +
did not ston on that dav nm what other dav
did n ston. and AID II ston from these cir
cnmstances or events a. the honr n NOW in
dicates IF won determine in vonr minds
the fact as tn when This watch stonned II
problem. If il was on the night of January
18th. and the stoppage was the result of
the causes which produced the death of the
deceased. eould or could not Patrick Kir-
wan have been nresant2 do NOT mean to
imply that this stoppage was the result of
violence. but only to direct your attention
to discover, if possible, what caused it !;
whether it was the result of unlawful vio-
lence, or whether it was the result of an
accident happening to the deceased. Would
submersion in the water stop it whether
that submersiou was the result of design or
of accident? Would the water which has
been testified was in the face of the watch
surrounding the hands, prevent the watch
from running though there should be moth
ing to interfere with the free movement of
the works? Would the water inside the
CRYSTAL and in contact with the hands pre-
vent the hands moving and thereby stop
the works of the watch !? We're there Other
causes which operated to cause the watch
to gradually stop. and the watch. some
time after these causes began to operate.
continued to run and indicate time upon
its face for a longer or shorter neriod >
Aside from the defendant there are onlv
fonr witnessed 7 bel;ave who testify 40 n
facts which will throw licht nnon tb;s
n,atter-Jann;s =, Cans pboeha Gans Ms
Rats Cans and sshast;sn Gsns Ths Grs,
testifies that the time when the defendant
came to the house OF Sebastian Cans after
Charles had left them at the hotel, was
something before nine o'clock, about eight
forty.fige. Phoebe Cans and Mrs. Kate
Cans testify it was about nine o'clock !:
Sebastian saws it W as between eight and
nine o'clock, From the time Charles Cans
was seen to leave the hotel until the de,
fendant left, what time elapsed? Were
they away from the hotel between the time
Charles left and the time they left to 90
to Sebastian Cans? Is there any evidence
that they were away from there at all dur
ing that period If they were not, it
would be quite impossible for the defend
ant to have done it in that time. Next,
what time did they leave the hotel to go
to the house of Sebastian Cans? You will
recall the testimony Of the witnesses fixing
this time. believe the witness who fixes
it with the greatest degree of certainty is
the witness, Wesley Cripps, who testifies,
Deiieve, tnat IL was about nall past eight
or twenty minutes OF nine The others
SPEAK OF u as an lndennlte time, In the
ne,gnDo[nooo OF between eignt ana nine
uciocA, n1lng IL ~ various Times between
tnose TWO nours'
Did they 60 direct from the hotel to the
house Of Sebastian Cans or didn't they,
and how does the time at which it is testi
fed that they reached thr house of Sebas
tian Cans tally with the testimony as to
the time they left the hotel and the time
ii took them to drive that distance? 1t
then yon find that the watch was stopped
by the cause, be it accident or design,
which caused the death of Charles Cans,
and that it occurred on the night of Janu-
CT ha hnrr nbsnh ho ruckoI,