The Portland daily press., 1895-01-31

must vary considerably, and may be far
from correct. If person is Interested,
time fies quickly; if he is anxious 1t flies
slowly.
1t is impossible to point out within
five, or ten, or fifteen minutes, the actu-
al time of the murder. 1t seems from
the testimony of Coleman that they had
supper at about $50, and the respondent
saws on this stand, for the first time,
that he looked at the clock, and it was
S. 25 O'Clock. Now, as to the statement
of DR.. Smith. He says it had been not
less than an hour that digestion had
gone on. 1t was probably more. Inc
| murder could not have been committed
before 6. 80. 1t might have been be-
tween 4. 80 and O'Clock, or later.
Therefore, gentlemen, this respondent
DID HAVE THE OPPORTUNITY.
Now, taking this mans statements
and his conduct upon that night and
subsequently,, say this, and believe
that from them I can demonstrate that
they show he had guilty knowledge
And if he had it it could only come to
him in one way and that is as the per-
petrator of that dastardly crime, because
James Lewis Welch has never claimed
that he had knowledge from any other
source. 1t is usually certain what an
Innocent man will do. On that evening,
in the Coburn house, this noise WAS
| beard at the barn. 1t was the noise OF
a horse back ing out. Coburn got up and
he went cut-where?eto the barn. from
which he never returned. Mrs. kimball
watched him. Then she took an apple
and ate it.
She naturally supposed that this was
only Temporary matter, and as she
knew the infirmity of Mr.. Coburn. and
as she looked out of the window and saw
no light. You must be satisfied that
it was brief space of time that she was
occupied in eating that apple. she saw
no light and the crime had already been
| committed. She looked from the win
dow again, and then she heard the step
coming by the window. OF course this
| respondent would come that way. But
HERE'S THE SIGNIFICANT FACT.
She says he came right in. He did not
90 to the water closet. The woman's
mind was anxious and alert She was
listening, and "he came right in" She
saws she thought it was Mr.. Coburn. He
SAYS he didn't know he was out. She
said he'd gone to the barn. and request
ed Lewis to go and find him.
Mark the situation of Lewis at that
| time. He knew the infirmity of MI
Coburn. He knew what had called him
out, and where he had gone. Now, gen
tlemen, where, under those circumstanc-
/ es would one Of you have looked for Co
burn? Where would this respon dent
look for him unless he had some reason
to deter him from looking in the barn.
Whatever may have been the case about
this tie.up door, the big barn door was
not fastened, and there was passage
way from the barn floor to the tie-up.
What does the respondent do? He
looks down through two orchards. Why
should he do that? 9 Il
WHY DIDN'T HE LOOK IN THE
BARN?
Observe the conduct of this man.
What was there to lead this old man out
through those orchards on that Decem-
ber night?
Where did he next go? He looked
through the nursery. Why? What
earthly thing is there that should lead
him to look in this nursery? Why not
look in the barn? He looked over three
of the sides of the barn. He looked on
every side except on the inside, where
he had been told that Byron g. Coburn
| had gone. Why? Because gentlemen,
| and there's no other explanation, possl-
| BILE, because he did
NOT DARE TO LOOK UPON
the CHASTITY form of his own victim.
What is the next point? For out of
his own mouth this man stands con-
| demned He returned to the house and
tells Mrs. Kim ball that Coburn must be
out skunking, and he'd have you under
stand that he allayed her anxiety, and
| he'd have YOU believe this because be
| tells YOU of certain discussions of family
| matters that took place. And the neces-
4 sitY of this sort is the accounting for his
/ crime that scourges him on to the con
demnation of himself. Upon the stand
for the first time, he speaks of these con-
versations, about the shirt and the
painting and the liking of the ice house
| door. 1t is the stress that is upon him
Il 10 account for his time that drives him
on to this unreasonable statement on the
stand
Then where did he go? He says he
went to the big barn doors. Why didn't
he
GO IN BEHIND THE HORSES?
Where again, l ask you, would you ex-
peCt him TO go on bnaG SeCoHu oino uuat
he left the house in search of CoburD?
Why didn't he go into the barn? lt was
a bright moonlight night. He went to
the tie-up door. and there Gamer in con-
tact with the lantern, as he told the re-
port ers. He knew Coburn had taken
the lantern. I asked him why he did not
step inside the tool room and light the
lantern. He says it never occurred to
linn. II he was actually trying to light
the lantern and go la search of Coburn,
4 !why didn't it occur to him?
l ask you, rs reasonable and sensi bic
m en-, to bring to bear upon this subject
and tell me what in all human proba-
bility the man who went to that barn
twice would have done, if innocent?
Why, there isn't man, woman or child
that wouldn't have
CALLED FOR MR.. COBURN.
Wouldn't he have searched the Tecesses
of the barn with his voice. Why is il
that this man, who knew all the c1rcum-
stances-why was it, with his human,
living voice, that he did not call to Mr..