The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1899-12-26

statement. But the fact remains that =
he ak, of the man he charged with
shooting him, was there. and refutes
heir theory that he was simply mis-
aiken. So the only conclusion is, that
he perpetrator of that horrible deed,
oy false testimony tried to escape by
charging his guilt upon an innocent
neighbor. His impossible story
shows that Denny Dolan's declaration
Of his own innocence is true.
The assumption that the ak was or
tanned at Dolan's, is justified by the
evidence. If there was no other per-
son then on the premises, then the in
ference is warranted, that the person
who inflicted the blows, and did 1t with
that ak, got it for that pun pose.
The statement of the prisoner himself shows
that he took that then. When questioned
Sunday a little after six in the morning. by
Emery, as you go by, stop at the place and
look around little. ENERGY went the Q
and looked around. He saw the roasstisg
AK was found AS yet 1t was not known
whose AK it was. In the afternoon Dennis
Dolan came with others to the scene. Mean
time the prisoner had said before the Coroner
that he was struck at, but he did not say with
an AK. He supposed the AK with the handle
recognized as Denny Dolan's. Therefore he
contented himself with saying that Dolan
X.
thing. But after he had made his statement
to the Coroner. the AK is handed in, he sees
that the handle is gone. that It is burned; and
that nobody will recognize it as Dollars AK
Here is a dilemma; his story Is in danger; the
AK will not be recognized SO he says the next
day to Hearn understand that an ak mas
are all dull-one in the woodhouse and TOUR IN
the barn. 1t is Denny Dolan's ak. l recog-
nized it when he struck at me with It, see
he rushes on to his own destruction, and DE,
stroyes the theory Of his counsel, that he did
| not take that ak there; for II ne olu n9S take
| it there how did he know that it was Denny
Dollars AK, and that it was sharp ak. NO
body else said so.
would not have left it there. IL carried there
| by prisoner, why did he not use one OF his own
| tive axes, but to throw suspicion from him
| self upon an innocent perSOn-Showlng oehp-
| ate premeditation and malice
| Is Denny Dolan connected with this caset
Judge Price says he Is not: Genoemeh, th,s .se a.e
| by his statements. Withou this ~ wouio
have been impossible for us 20 bring testl.
lmony to prove that DENNY Dolan was NOT
| there But after his reiterated statements
| against Dolan. his counsel cannot get him out
of it, Next to the prisoner Denny polan aa1ld,s Is
on the earth. Suppose the State had tailed
| to prove that the prisoner did not commit TINS
crime, and the statements made against Doi'in
| were not true; the guilt would have been
| thrown upon DOlan 1t Is necessary 1or tne
State to place Dolan on The stand ana from
his condition and bearing upon that stanu
prove that he had no connection with this
crime.
| By verbal statements is meant conversa-
tions. when another person is present, a con-
trover,y arises and conver >ation Is repeated
by several witnesses. That Is verbal state
ment man may be miSed by that kind OF
conversation. Courts are therefore careful
to warn against that kind of statements.
| But this statement by the prisoner before
the written statement of what he testine1 10,
under oath, and to which he appended his
Admissions. when delibt rately made, and
positively identified, (by many witnesses at
different times and under olMerena clrfum i'a ~.
been made to several IL might DE posslole
for one to be mistaken. but how could these
persons hearing statements at different times
and agreeing as to the statements, De mis-
taken?
But it is said statements were made under
influence of morphine. IL this were so, 1t was
their place to show it. Mr. Willis sat there a
} good part of that day, MIR. Willis was there.
and if such were a fact, Mr.. Willis would have
taken the stand and testified that such was
his condition. There is no evidence under the
sun that when he said these things; that lie
was out OF his cad. or irrational: nor that his
mind was cloude l. when he made statements
to Mr.. Yves. Haines, to DIR. Zieger. to Emery
Hearn to Mr. Sretiston n or mr E9ocm ~ snnrni, hey
, | when he had conversation with Mr.. Creviston.
DR. Zieger dressed prisoners wound; and after
he came out Creviston went In There Is no
evidence that any mnrnhine was injected
, then. In the evening before they left, NOR
, Thev saw that the statement made to the
Coroner was after medicine had been injected
, into his system. The morphine was admins
Ziegler said it probably had passed away at
700 in the morning. There was absolutely no
, proof of influence OF medicine when he made
that statement to the coroner.
| To Emery Hearn he said Tuesday morning,
t | am going to die. That the deed was done by
, Denny Dolan, it was done with his ak; 1t Is q
sharp AK: my axes are dull. No evidence t6at
) that statement was made under influence or
( oppression of feeling; from any cause he
: he was not going to die. He wanted 1t to appear
I that he made that statement under circum-
= stances of solemnity. so he said he was going
to die He wasn't out of his head; he was fol-
lowing up the plan he had conceived and was
; steadily carrying out to throT his guilt upon
Dolan, an innocent man. Two weeks a.
/ ter he came to hospital. twhen there is nc
claim that he was un Ter the influence OF med
!. icne1 he told DIR. Hamer he knew who II w:ls
: that committed the crime. and that IL was .
+ neighbor.
: he would have not have cried God have
: mercy on me:" he would have said | have beer
shot and Denny Dolan did it, and my brother
and mother have been murdered and are ly-
: II YOU believe his statement that Dolan did
, it and said that, expecting To die. and know,
: ing that all knowledge of the perpetrator N
? the crime would be buried with him you musI
1 reconcile 1t with the fact that he never sug-
t gested that Dolan should be arrested; ne mas
But how was it as to his condition that the
Sunday morning, he wrote those notesf In
= dered mother and bro Ter; in the ruins. but
sent for a young man to take care OF his stock
and asked of Haines' family that they care
:, for him, and he would pay for 1t; and he gave
explicit directions about taking care OF hi
a pigs. sows, cows. calves. horses. feeding. milk
WEter ng rGf1ih%s these not delram
were these explicit directions. evidence OF q
q perfectly clear mind?
. | evidence of positive guilt. 1t is presumed the
. prisoner is innocent, but some have commit
!. ted crimes ever since the world has existed
: and the presumption of innocence Is over
turned, the moment the guilt OF the prisoner
' has been proved.
e The State has proved by indisputable evil
dence that the prisoner is guilty, and thess
| facts cannot be reconciled with the theory OF
e his innocence. There is no single circum
S stance that has been developed. but II point,
: | to guilt of the accused.
do not want you to jump at conclusions
You will consider the case carefully: careful
e ly. carefully, with an eye single to its truth
U and if you 10 so you cannot arrive at any con
e clusion but that of guilt
| want you to give the prisoner the benefit
5 of every doubt. But his offense is rank. II
= smells to heaven. 1t is of piece with the first
= crime committed on the earth, when Cair
e They say it is impossible for man to Kill
: | his mother; but such crimes have been com
Loved his mother! When did he manifest
/ it? When DIR. Ziegler came in and said to hin
, we have taken out of the ruins the charred an6
! disfgured remains of your mother and your
$ brother. he said wish you would send an an.
D dertaker TO take charge of the remains OF
. those two old people up there"
And when Hearn told him of the same sac
; fact. his expression was Il suppose the barr
D is left" Never since that has he expressed
any interest or feeling about that mother OF
. brother.
Here in the presence of this prisoner and
r his counsel. and in the presence of this court
| claim that the State of Ohio has made a case
: that iustifies you in finding that he is guilty
lilty, guilty of the murder of his brother
t William. and | am ready to submit the case tc
: you.
believe YOU will give n verdict that will