Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-12-20

worth expressed a desire to have an IN
vestigation? Was that such a demand
as would have been made by a wicked
woman, party to the crime of murder?
Mrs. Wadsworth when being cross-ex-
amined broke down. She was on the
stand at a time when she should have
been in bed. But there was no sign OF
evasion on her part. She answered
every question frankly, whether her
would tend to aid or injure the
defeddant. The evidence showed that
the statement charged to Mrs. Wads-
worth by DeitZ to the effect that she
saw there was something wrong in their
faces. was not made. Suppose it were
made? Is that an evidence of guilt? Is
the jury to hang Wadsworth,
WEDNESDAY.
Mr.. Hammond continued his plea for
the defense in the Wadsworth murder
case in the district court yesterday at
ternoon. He argued that the actions
and declarations of the Wadsworths
were not indicative of guilt, but were
such as might have been made by any
two persons in their position under the
circumstances. If they had knowledge
of the crime, why had all three of them
gone to the corral, when the body of
Severson was covered: if Mark Wads-
worth had already been down to the
corral, why did he go again, aftcrward?
Mr.. Hammond said this was inconsistent
with the states theory of guilt.
AS to the boys story, Mr.. Hammond
said it was in evidence that the boy was
shrewd and cunning. When he had
first gone to Medpra, he was loud in his
praises of the Wadsworths: but it hap
pened; said Mr.. Hammond, hat among
the residents of Medora, Mr.. Wads-
worth's friends did not dwell: the boy
heard sundry statements against the
Wadsworths: it was said to him that
he'd better get his story in before the
Wadsworths: he had told Carl Holem-
berg, when threatened with arrest. that
if he was arrested he'd swear it onto
Wadsworth; Mr.. Hammond reasoned
that when the boy saw he was in danger
he began to look for a way out OF it:
that, to this end, he made his first con-
f%ession, which was that Wadsworth had
offered him 5000 to kill Seyerson, but
that he had refused, and that Wads-
worth then offered him 5000 to keep
quiet about it, if he, Wadsworth, did
it. That the boy was told that he could
not make any jury believe this story,
and that he then changed it, and grad
ually built it up step by step, until he
had the story which he told on the wit
ness stand.
But, Mr.. Hammond said, even in the
story which he told on the stand at
Medora. after he had confessed, there
were some significant omissions, which
made the story seem improbable, and
these had afterward been corrected: Mr..
Hammond said he could but believe that
some other mind than the boys had a
hand in the perfection of the story to fit
all the circumstances in the case. He
commended that if the defendant had
been guilty, he would have taken some
steps while the boy was in custody to
see him and to aid him to tell the story
that had been given him. But there
was no attempt to do anything of the
kind, although the boy had the freedom
of Medora. The Wadsworths did not
try to hide the fact that the man had
been shot; when the suggestion was
made that his clothes should be changed
there was no opposition to it on the part
of the Wadsworths. The speaker paid
his respects to Mr.. Lebo and to MI. S.
Ferris. He insisted that the boy Roehm
had every reason for telling the story he
did. Out of his own mouth he said that
he expected to get off with four or five
years. The defendant asked for justice
of twelve fellow men. The jury would
be guided in their deliberations by the
oath which they had taken. The de
Tense trusts the jury and asks that they
do not commit a terrible wrong by pro.
nouncing the defendant guilty.
Mr.. Hammond spoke until 5 o'clock in
the afternoon. In closing, he reminded
the jury of the solemnity of its duty
Said he asked for the liberty of the de.
PENDANT. as he believed he was entitled
under the evidence: the verdict of the
jury would be a terrible responsibility
they were to give the defendant the
benefit Of every doubt: if they should
find himssguilty, and it should afterwarc
appear that he was innocent, it would
be a reproach to them as long as they
lived: they should not forget that while
at most, a verdict of guilty would affec
Mark Wadsworth and his wife for but
few years-as their pan of life was.shor
owing to age and infirmity-it would
stain a family name hitherto stainless
and blight the life of their daughter
a young and innocent girl; the jury mus
remember all these considerations, il