The Providence news. (Providence [R.I.]) 1891-1906, 1898-01-15
CASE CLOSED.
Continued from page I.

| revolver was intro luced into the case by
asking Carpenter IL tho pistol seen by
him In the runs was like the new one
| and MIR. Carpenter said il was
Albert w. Smith testified be knew
| Elisha Mathewson and Martin Mowry and
saw n pistol with the latter which was
like tho one shown to the previous wit
| ness The cali bre was 81. Witness was
| acquainted with the road between the
| Mathewson place and the Bolsters' house
| The most direct way from the former tu
the latter place was not by way of the
brook into which Mowry claims he fell
Tho nearest way TO Douglas pike from
the Mathswson place was not bv the way
OF the saw mill through the woods.
For the second time Thomas Sweet was
recalled and said the new pistol was lust
like the one he saw Elisha Mathewson
have.
Edgar l.. Mathewson testified be got TO
the ruins OF the Mathewson homes cad
about O'Clock, and SAW some lof the
bones of the dead girl taken out OF the
Reynolds house, and also an old truss
Mr. Stone asked IL this truss was in court,
and the attorney general said no Mr.
Stone asked that the state bo required 10
produce tbe truss, but the attorney aid
such instruction was unnecessary. a., Il he
could find IL, he would prcduce it,
George :. Mitchell testified that he snw
tracks of some one with rubbers on rnd
also the tracks of a dog near the path
house at Herring pond. Thers were
traces of holes being dug in the sand.
Henry NJ. Barney, reporter. was the
last witness called hy the state. llis tes-
timony was In relation tn tho tracks at
Herring pond and he said the tracks
cane from the tath house There was
nothing by which he could tell definitely.
whether the party making the tracks
wore rubbers or not
MIR Stone began his argument imme-
diately after the court had decided that
there should be no testimony introduced
during the afternoon. lie said 10 was nm
necessary for him tn recall To- the mem
bers Of the jury the Importance OF the
duty was Mr. stone told of tns sorrow
and grief caused bv unanswered uUes
tions and then referred To tho principles
of law involved In the ease dwelling es.
pecially on the presumption Of INNOCENCE
The counsel SAID that the jury must look
upon the prisoner as piece OF white
paper on which there were no marks,
until the state had presented its full
case. MIR. Stona called attention To the
fact that without being compelled 20. he
had nut the character of the prisoner
in evidence and 10 had shown spntless for
its record of nearly three score years and
ten. This was added presumption Of law
In his favor. Circumstances nro of an,
sucn that one of the strongest refaren, an
man can have IL his record. Counsel
next turned bis attention To TIE reason
able DOUBT. and said that the states casa
must not only be such that there can la
no reasonable doubt Of material facts and
that the differences drawn from these
facts must be- inconsistent with the de
fenuHnt's Innocence ana dwelt on the
nature ~ circumstnntial evidence and
cited tho case of n servant cirl who wns
tired, convicted ana huhg for the murder
ot her mistte's one of the main circuu.
stances IN the case was thar the dnnrs
were locked, nut tho man who committed
the murder. sitter hc had confessed IN,
crime. said tntrnf 90 was etfeetet hy tut.
Ting a ladder from another hous. to tnn
window Of the house in which the murder
was committed
Nj stone said We exuuct tn uroNe that
Martin Mowry bad gold and that tbis
gold was Tor hug tire Kept hy "A rel
dent uf sweets liil Tor him. ana va.
proceeding to disclose the name of TN.
rHrtv, hut after conference with Mr.
bdv'loy he IMPLY said the defence wa
genera deuial.
lhe court adjourned tor the car at glO
o'clock.