The Providence news. (Providence [R.I.]) 1891-1906, 1896-01-01
Hoods Pills rs s gentle Ait druggists. %si 'aSs sSs
NEAR THE END.
Continued from Page /.


Dalton? The law says to the Attorney
General you have the police force Of the
city and the State Treasury and when
you indict u man you must prove beyond
a reasonable doubt that he is guilty as
you charge. 1t Is not as In civil cases
where the plaintiff has but 10 prove by
preponderance of evidence his case; here
there must be no reasonable doubt. The
law thinks that 1t is better that SO
guilty men should escape than one in
nocent person should be punished.
"The rule OF the law in regard to cir
cumstantial evidence Is that the circum-
stances must not only be consistent with
the guilt of the defendant, but also
consistent with any other hypothesis.
There is a man in this court house who
knows who killed Haswell, who knows
all about the circumstances of the murder
and that man is Detective Parker"
"why don't you cal! him." broke in
the Attorney General, rather warmly.
"Why don't you call him." holly re-
piled General Brennan. "He was here in
the court house under your summons.
ment on the failure Of the State to intro
duce Parker as witness until the At
torney- General again objected and the
court informed counsel that the jury
would judge OF the importance OF the
witness that had not been called.
General Brennan turned bis attention
| to "Yankee" Dan Sullivan's testimony
L. % in ha
strongest invections the character OF one
who was convicted felon. "No man,
no woman" argued the counsel, "saw
Dalton in the company OF Haswell, but
| Sullivan "And as sure as
| you sit in that jury box, gentle
men, Sullivan killed Haswell with the
assistance of another and that other
| was not Dalton.n were the words also
used by General Brennan. He then
| took up the testimony OF the witness, in
detail compared il in regard to the visit
| to Haswel's house on the evening OF the
| 10th OF July, 1892, when the murder oc-
| Cured and said:
81 know IL had been in my brothers
position would have noll pressed that
with the blessing OF heaven on his head
10 enjoy a happy new year. The only
| one who has identified Dalton was the
woman down stairs i'm Haswells house,
and she described the man whom she
| saw and claims was Dalton as a taller
man than the darker one, and yet you
have noticed that Sullivan is taller man
| than Dalton
Mrs. Haswell on cross-cxamination said
| the man that talked with her had
black moustache.
The East Providence police officer
whose business was, like that Of Detec-
tive Parker, to watch faces. could not
| identify Dalton.
| Council then dwelt on the mistakes
made in Identification OF parties and cited
| as an Instance the many stories told con-
cernipg the disappearance OF Professor
Bancroft, telling OF the many people
| who identified other parties as him when
his body was ht the bottom of a pond.
"Here is woman who says Dalton called at
her house and when you weigh the testi-
mony In your room 1 want you to put
|
| officer, OF Fred l. Dana, and of the car
conductor, all intelligent and observing
men.
| II thought there was something about
Daniel Sullivan's testimony that was
| queer, and by accident i found he was
looking for the reward OF 500 TO go into
the milk business.
/ a -
| to Jail on the testimony of such man as
yankee Dam Sullivan? Now, was he
in East Providence on that day? No one
Is called to prove 1t. Is there anything
else In this case?
"what proof has the state offered to
prove that Dalton committed this crime
II will probably want you TO infer 1t, but
there must not be no inferring In q crim-
inal trial On the contrary, you must
give to the priso ler every reasonable
doubt, not give 1t TO the State. This
prisoner is presumed by law to be in
nocent, and this presumption goes with
You into the jury room. SullIvans fool
ish and childish statements that he left n
| Governor street car and cot OF at the
reservoir landed Sullivan in jail where he
has no hope, hut there is no reason why
you should railroad Dalton there"
The remainder OF the testimony was
reviewed by counsel at great length,
and though General Brennan had been
talking for two hours and half when The
court adjourned for dinner. he had not
completed his argument.
The large crowd in attendance listened
with great attention TO the argument Of
the prisoner s.coansel which was admit
tel TO be q very strong and elective