The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-13
UNCERTAINTY or EVIDENCE.
Interesting Incident Whore Circumstances
Did Not Tell the Truth.

From the ST. Louis be-Democrat.
citizen of Galveston, who believes
that Durrant was innocent of the
crimes charged against him, told the
following incident, which shows the
falIibility of crcumstantial evidence
"One case which came Immediately I'M
der my observation occurred in Lon
don, England, some years ago. A
young man, known to be somewhat Of
a spendthrift and dissipated charac-
ter, was accused of numbering his UNI
Gle, whose heir he was.
The evidence showed that on the
day of the death of the old man the
nephew had called on him just pre-
yious to a hunting trip into the coun-
try, with a shotgun in his hand. The
servants in the house heard the two
men quarreling, then there was an in
terval of silence, and finally. after
some minutes, the report of a gun.
When the old mans room was reached
his body was found lying on a sofa
with a charge of buckshot through his
heart. His nephew's weapon was ly-
ing across table near the body, with
one of the barrels discharged, but the
owner was nowhere to befound. The
officers were notified and the young
man was finally located and arrested
in neighboring village. He was,
after an incarceration covering con-
damaging evidence noted above was
brought out, and the prisoner attempt
ed a defense which. until the last day
of tbs trial, appeared extremely weak.
"On the day mentioned, however.
the young mans counsel created a
sensation by bringing into the court
room an exact representation, consid-
erably reduced in size, or course. of
the room in which the tragedy oc-
Cured. In this miniature room was
arranged a dummy, representing the
deceased the sofa, the table, the gun
and all details complete. On table
entirely across the room from the one
on which the weapon was found was
placed a glass of water, ii having been
brought out in the previous testimony
that such a glass was in the room
when the tragedy occurred. The attor-
ney. by means of a strong light and
refieetors, then introduced into the
room a ray of light which was ar
did the sunlight on the day OF the sup
posed murder. Then the attorney
proved, by means of scientific instru-
the time of the report of the gun was
heard ray of sunlight had penetrated
the windows of the room and shone di-
rectly on the glass of water. From
there il was reflected onto the stock of
| the gun, which was an old-fashioned
affair." and when the cap was reached
| by the ray the gun exploded, the
/ charge entering the body of the dunn
my lying on the sofa. All of these
/ facts We're demonstrated by the use OF
I the miniature room. and when the case
/ went 10 the jury il rendered a verdict
/ OF acquittal without leaving the box.
+ of course. a case parallel to this
might not occur again in 1000 years
but il goes 10 show that circumstan-
/ tial evidence should not be allowed Il
/ take away the life Of a prisoner. II
might be proper to confine a prisoner
against whom circumstantial eyidenet
Is particularly strong until some neN
7 facts come out, but | do not think i
4 is right 10 convict and execute a pris-
/ oner on circumstantial evidence Nc
stronger than that which hanged Dur
I rant