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

could tell Young that may be there was
a note in the dead mans pocket and
that note was the property of the de-
PENDANT. Before the crime was dis
covered, the defendant could tell the
boy to haul Severson's hay. 1t was
after the discovery of the crime that
silence came upon him.
Court adjournd at 6 O'Clock till $50
this morning.
Mr.. Miller resumed his argument to
the jury this morning. He said Attor-
ney Hammond's arguments were all on
too general bases. He had not argued
from facts. He had said that it was
impossible for Wadsworth to help carry
the body Of Scverson, when, Mr.. Miller
said. the evidence showed that he did so
help: the state did not want to convict
| Wadsworth because he spoke and be-.
cause he did not speak, as the defense
claimed: but the state argued his guilt,
because when he did not speak, it was
! under circumstances as would have
caused any innocent man to speak: and
when he did speak, it was with such
words as no innocent man would have
used-this was the reason that Wads-
worth's speaking and failure to speak
betrayed his guilt.
Mr.. Hammond had said that if a dear
e...1 II ls~ =, -,,1l 1D e~,,xI ~L~% n.l
he should say II won't believe it," he
would not want a jury to pronounce him
guilty of murder. Mr.. Miller said that
if Il dear friend of Mr.. Hammond should
be found dead: if he should assume him
to be dead, and assume that he had
died from the kick of Il horse, before he
had looked at him, or knew whether he
was dead or not: if he should fail to
touch the body Or ever look at the face:
if afterwards he should find that he had
been murdered, and should receive the
news withouta word or any surprise: ifhe
should not speak for half an hour: if
then it was to say he wouldn't believe it
Uillil UllC OOClol ttlo 81. IL liz ltllCu "
look even once on the face of the MUIR
dered friend. ere it was buried, if he
should fail to perform such acts as COM
mon decency and humanity required,
then he for one would say Mr.. Ham
mond was guilty Of murder, and should
be punished.
Nv Mi1la. 1ocic%nI thot ont
and declaration of the Wadsworth's
were consistent with their guilt, and un-
consistent with their innocence: upon no
theory whatever could they have been ex-
cept that Wadsworth was guilty: with
that theory, they were alone reconcilable:
the boys story was true: Mr.. Hammond
might attempt to infer that persons at
Medora had concocted it for the boy to
tell: lit might have been attempted to stab
mems characters in the dark, without
and evidence or reason for it, except to
excite prejudice, but it would not do;
the facts c%orroborate the boys story:
Wadsworth's testimony and that Of his
wife were sufficient to prove their guilty
knowledge.
Mr.. Miller took up the arguments of
Mr.. Hammond seriatim and analysed
them under the testimony: none Of them,
he said, would bear such an analysis:
there was no argument which could ex-
plain away the facts in the case; and the
jury must judge from the facts.
In answering defendants attorneys as
to Mrs. Wadsworth hiding the gun, Mr..
Miller said it was remarkable that she
had no interest whatever in any Of his
property except the gun that was con-
nected with the murder. Defendants
counsel had said that Mrs. Wadsworth
had not evaded the questions, that were
put to her. Certainly not. She had
testified at the ]coroner's inquest. Her
testimony was in black and white and
she could not evade. Mr.. Hammond
had said that Mrs. Wadsworth was deli
cate and sick and he did not ask her
more than three questions on redirect.
Would Mr.. Hammond refrain from ask
ing her questions because she was sick
and weak when her husbands life was
in jeopardy. Mr.. Hammond had said
that if even Mr.. Wadsworth had said
Severson did not suffer much,
how did that point to guilt? True, MI:
Wadsworth knew Ed did not suffer
much, for he saw him die. But sup
pose Mr.. Wadsworth thought Severson
died from the kick of a horse how did
he know Stevenson did not suffer? The
horse was tied in the stable. If he had
been kicked he would have had to stag
ger out to the corral and would un-
doubtedly have suffered agonies. But
Wadsworth knew Severson did not suf.
fer and he told the truth for. once. Was
there any effort to rush to the house fol
medicines or warm clothes? Any order
to the boy Roehm to turn the body over
and see if it was dead; no member of the
iury. Wheather sick or we'll. would treat