The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1899-12-22
ARGUMENTS
OF THE COUNSEL FOR STATE
AND DEFENSE.
In the Case Of State VS.. Ernest
Austin.
Indicted for Numbering His Brother
William Austin.

In our Tuesdays issue we closed our
account of the trial with the opening of
Judge Vests speech, Monday after
noon, which occupied an hour and
half in its delivery. In that part OF his
speech he laid down the law as to testi-
mony, as to reasonable doubt, and
circumstantial evidence, and gave his
martialing of testimony to show that
William and Rachel Austin were dead
beyond ali reasonable doubt.
On Tuesday morning Judge West
resumed his argument, placing the ak
before the jury as the first witness of
the crime. This ak was found early
Sunday morning on the west side OF the
house, on the south side of the walk
leading to the drive way; it was seen
by several witnesses and placed in the
hands of coroner Sunday at the inquest
by DR.. Ziegler, who first saw it. This
ak was Denny Dolan's AK; it was left
by him in his wood shed Saturday even
ing at o'clock. 1t was the AK used to
commit the crime. The prisoner testi-
fed that it was used to commit the
crime, that he saw Dolan kill his moth
er and brother with it; that Dolan struck
at him with it, and he then recognized
it as Dolan's ak. Who brought that AK
from Dolan's and employed it to COM
NIT the crime. The ak was found the
next morning near the house; Dolan
says it is his AK; the prisoner said it
was Dolan's ak. Dolan did not think
of it being his AK when he saw it Sun
day. But Ernest Austin's testimony
against Denny Dolan, is simulated, con-
Trajectory, inconsistent, unreasonable,
and impossible of being true. Simula.
ted evidence, contradictory statements,
false statements, statement of impOs
sible facts are consistent with guilt but
not with innocence, and are character
| lied where given to involve innocent
parties as crime of the highest char
acter, and the law holds such contra
dictory or inconsistent statements a:
strong evidence against him who makes
| them.
| There was no motive for Dolan's com
mitting the crime. The preteXt tina
he committed such terrible crime be
cause of resentment, on account of ;
slight disagreement between him ant
| William Austin a year before, is un
reasonable and unjustifable. The lant
was not his, and he would not hav,
been profted by running the line fence
he did not show any anger or resent
tho fence. M one ever heard him ex
| nrass anv resentment ahout the matter
and If he had wanted to kill William
on such a nretaxt. he would have don
II whom there was lass danoer-wbe,
Ernest was in the army. But to accus
Gir,sv r,retevt would he atrocions an
No ,eosonahle man would hoI;ege ;
,oss;bIe A. noar oo,,ld baro o,
.;,o Io;a a. III IT,, ~, ~, go ,,b
oo,,id Itao1 bii .a ~ if "ns ;aoo on WI
- IL 81 l,s 80 ~ =, oaa,1 n,,1I IL 49, =
IL %His hnr%a ' ~ naooa @ a ON e Sofatv "
T,rnt pot;,, ,, oho
.ba4 Donrv DoIan oo,,or,ittod +biu ",.i y, =
ffn,. rich he hos noua, attannted h, HI
anras+1 ,yit,, ,ba ov tbo+ I,,as fp,,nd I;
.ha Ans,;,, don,, Ua,J apd Sars ba 60,
ILL., oo,,.,,';t ~, ,,,;,, 80 ~ .tnt %
uh eaid .i un1 !, -, ".on S;go ss.o a.,
ss ,uU ~ ' H.. h IA ,,nt 80, W ho ~
d .ir st"o ~ ~ noU hHm hf, VIZ th.t on II
Ia IT,. nonn, Dainn a;a :. I,'. a; a.
U no, l,nn,v ,ybat he Strnol1 a. %;r, u u;.t
.be,, aid that Do,an st,,,,oI i.o III, III, ~
~ IN s' Snv shot 40 ~ ~, "o az .h n," -
49, ~ e H. IL a1so 60 .ha. % wv FL
,- U.ino - ~ I,: a,oo s9iu on%O "nIh poia ~
naS on nr V frn IN ba @ datoo+nd In HI, ~, ou. !,
f;%b. tha4 H. 49, T., H. s;4.; itt, oy -
sd Tv:Ii;or,,S heI roo,,, 49, iii t,,,,.,
{ "a a,'ran. ia +bot - wv 80 oil ~ -. =
t'rod go al sI,;nmad n,'t III nass no 49, =
ond Ia didn,t lsrnp onvth;nm iii ~ 80 ~.
rni,,a down The roo i 70 Wasia,, Uairo
Some These stories arc not oniv Gin
: nlateS in order to throw susnic;on -, .
| Denny DoIan hnt tbev arc aontradi
. torv inconsiStent and ;,y,nosS;hla Of h
y ing true To tho cororar tbo ,,r;.on.
sa;d he was wakened hv tbe E. f;ra ar
baard his n,other screa n,inn and "
hrothor crvinn ont ssOh NV CD ), =
; thot noino ont to coo abo,t tbo 10 oiI
I he was met hv a man wbo tbraw cor,
tb;no ot b;n.to o+hor w;tnassaS h a 60
the house was not set arc iii ofter
iaft IL. to anotber yitnesS he sa;d }
Loft the house hv tho west door. Dola
j could not have lived in a room who
e the floors were burned awav and tber
n fore have strucl, or shot Ernest Aust
from that room. Denny Dolan c,,,
;, not have struck at nrisoner with an
and then have shot at him witbo
= giving prisoner time to shut the do
r or run before he shot him: vet prison
4 saws Dolan struck at him and shot hir
and he then turned and skinned ont
:. the house had not been on fire. then