The Newtown bee., 1895-02-08
THE FINAL SESSION OF MONDAY.

THE FINAL SESSION OF MONDAY.
 The final struggle of the lawyers in the hearing of Kate Hurley occurred at
 the Town hall on Monday. On Thurs day of last week Lawyer Williams for the
 defense, had moved to dismiss the prison CT and put in the first argument and court
 opened on Monday for the hearing of the
 remaining arguments in the case at II o'clock. The interest manifested through
 out the trial was continued and on Mon- day afternoon the hall was well filled. It was Mir Beecher's turn to argue and his effort won for him the opinion that he handled his case in thorough manner and proved himself a lawyer of no mean ability. His language was well chosen, and forcibiy put.
 He stated at the start that he hardly felt equal to the task before him, and some embarrassment when he found out whom he had to cope with. He referred to MT Williams eloquent language and his we'll established reputation as one of the best criminal lawyers in the state. and spoke of this fact as enough to em- barrass any lawyer with no more experi- ence in criminal cases then he had had. But he stated that in taking up the case he had a conviction that he was in the right, and an honest conviction. He stat ed to his honor that he had duty to per- form to his own conscience which should ha <an r. Ks t, duty to pass on a case of state against state and not a case of Edward s. Lowell against Kate Hurley. There were one of two things he would have to do to find probable cause and in the event of find- ing probable cause it was his duty to bind her over to the Superior court or on the other hand that he discharge her and let her go free woman. He then argu- ed probable cause as cited by him from some well known cases, showing that the same belief was not necessary to bind over as to convict. That justice must act on his own responsibility, and that if he acted honestly, keeping in mind that the hearing was but preliminary he had nothing to fear. It was not his duty to prove the guilt or innocence of Kate, but if there was reasonable ground to believe she set the fires in Mir Loveh's house as alleged in the complaint, it was his duty to bind her over to the higher court.
 lie then took up the question of cir cumstantial evidence, citing law to up- hold his position. The story, was re- hearsed of the attempt to destroy the house by fire of Edward s. Lowell and the important points of the testimony brought out and dwelt upon, MT Beech CT showing that Kate was in a DO. sition where she could have set the fires. After sitting out the tes- timony he referred to motive, citing law, and referred to the discharge of the year previous. Her conduct was also made one of the subjects of his argu- ment, he showing that she did not assist and on occasions when asked refused as shown by the testimony. Kate's know ledge that the cellar door was locked, by her referring to it to Mrs Lowell wa al- so brought out, showing that she must have been down cellar, and also the fact that Mrs Lowell had not been down cellar for two years, and not up stairs since October last. MT Beecher then strongly referred to the fact that his friend would have the court believe there was con- spiraey between MT and Mrs Lowell to put this girl in states prison, when Mrs Lowell, in her then delicate condition, knew not how soon she would have to ap- pear before her Maker, with the lie upon her lips and said it was too unreasonable to talk about.
 In referring to MT Lovell's standing he defied any man to put his finger on a single thing to his discredit, since his residence in town. He referred to the sympathy being worked up for the acc cused and said that she may be entitled to mercy but not sympathy. That his friend on the other side knew better than to refer to the punishment. That he also said it was serious business, and 80 it is, if it were not so much time would not have been taken with the examination of witnesses.
 In closing he spoke of the suspicious circumstances and the evidence, that if Kate was innocent she should crave the chance to prove it. being sent away as she was under cloud and told his honor that if he decided by the evidence and the law he would decide rightly and have nothing to fear, and the state would be satisfied.
 MT Williams then made the final plea.
 He dwelt more particularly upon the evidence and MT Beecher's argument, and consequently his argument was not as eloquent as that delivered by him on Thursday last, but the closing of his effort was very fine. He said one of the
 meanest things they said about him was to accuse him of eloquence, making 1t ap- pear that he was not to be relied upon in