The Newtown bee., 1895-02-08
Affairs About Town.
MISS HURLEY BOUND OVER.
THE ELOQUENT ARGUMENTS OF THE LAW YERs.-THE TRIAL CONCLUDED ON MON DAY AFTERNOON.

THE ELOQUENT ARGUMENTS OF THE LAW
 YERs.-THE TRIAL CONCLUDED ON MON
 DAY AFTERNOON.
 Thursday afternoon the examining o1
 the witnesses for the state closed witt
 Emily R. Lowell, 10-year-old daughter o1 1 E. s. Lowell, on the stand. Her story
 was that she was out sliding in the gar
 den east of the house on the afternoon
 of the fire, and about one-half hour be
 fore the fire broke out in the woodhouse she saw. Kate Hurley go to the woodhouse
 twice and return with wood in her hands
 That she went to bed in the sitting room
 on mattress in the evening and when she woke up she heard Kate call John McNamara into the room and they sal down face to face, about foot or two apart, and Kate said to MT McNamara II shan't tell them, no matter how much they draw me, but I'll tell you" That she then whispered in his ear and he got up and went out. When cross question. ed she said she was 10 years old. That ahe could see the woodhouse from the garden and the reason she happened to see Kate was because she heard team going py and looked up and she then noticed how many times Kate went to the woodhouse. That she hadn't felt hard toward Kate only since the night of the fire. That Kate had been good to her since she came the last time but when she was there before she was cross to her sometimes and sent her out of the kitch- en. That she first told her papa what she had heard in the sitting room on Sun- day night.
 This closed the examination of wit nesses. Lawyer Williams moved for the discharge of Kate Hurley, and for over two hours delivered an eloquent ap- peal to the court for the release of his client. He explained how his honor's decision involved full examination of the testimony and only on the finding of probable cause could person be bound ! over to the Superior court. The Town hall was filled with an audience larger chan had previously gathered, to hear his argument. He opened by stating that it was a serious question and probably the most serious question his honor had ever been called to pass upon. He said he should talk plain and craved forgiveness if he talked too long. He stated that it was the greatest moment in Kate's life and the most important, being as she was before tribunal not of her own se- lection, but of the selection of her enemies. He asked pardon of his honor for referring to the fact that he told him at their first meeting that it was the first case he had ever sat upon, and said he vas astonished that he should have been asked to give his decision in such seri- ous case, when the counsel for the state could have had his pick of Fairfield county, but he hoped that he had been selected because of his fair mindedness and asked him to credit him with little good faith though comparative strang- CT.
 In referring to Lawyer Beecher as pit. ted against him, he spoke of him as one of the brightest young lawyers of the state. He then called his honor's attention to legal authority and showed that it was important to the state that the question be disposed of on proof and we'll settled principals of law. He spoke of how i'm. portant the decision was to this young girl just budding into womanhood. He cited law that it is equally the duty of state to protect the innocent as to prove the guilty. He pointed out the fact that which ever way the case went it was of no expense to the town so his honor need was his honors duty to begin with Kate Hurley as an innocent person, because the law said so, and consider her so until the facts proved otherwise. He said it was 8 question of importance and his honor should make no mistake. A mis- take in discharging her could be remedied for she could be brought up again before another justice or On bench warrant, but mistake on the other hand would blast the life of this young person, and begged of him to be careful, for it was a serious question.
 He then cited law regarding circum- stantial evidence. How mere conjecture or suspicion did not amount to probable cause. but 1t must be belief and the cir cumstaEces must be such as to make it a moral certainty that the accused and no one else committed the crime. That one of the most essentials of circumstantial evidence was motive for the crime, and that such evidence must be continuous chain with no link missing. He then told the story of how Kate was replaced in the winter time by cheap help from New York, and put out of her place in the pretext of unsatisfactory work, when on the face of it 1t was merely to reduce expense, but no complaining or threaten ing word from her. That year rolled by and Kate was in the Lowell household again and Lowell wants you to believe that she had nursed that spark all that time and came back to seek her vengeance. Oh for shame. He then read from Mrs Lovelrs testimony, she who knew Kate best, where she testified she didn't sus- pect Kate, and couldn't believe it until 1t was forced upon her. He pointed to Mi 1oveIlas the man who forced the convic- tion upon Mrs Lowell, the man who held the insurance papers, which were canceli. ed and asked, why wreak his vengance on this poor innocent girl. He referred again to it as 2 serious question, that we could go about our pleasure and business after it was out, but how about Kate.