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

who testified to this? Did any of his
neighbors along that pike? Esq De-
wore who lives four or five miles away
said he knew nothing against his repu
tation for peace; and Mrs. Morgan said
that she had never heard anything
against him; but her son said he had
heard there were differences in the
family. Marshall Roberts called to
prove his reputation, said he had heard |
they had troubles in the family. The |
lprisoner is entitled to this testimony of |
these, most of whom do not live near |
him. But it would have seemed more |
consistent with purpose to bring out
the facts that show his reputation, for
the defense to have brought the i'm
mediate neighbOrs of the prisoner to
testify to his reputation. The State
could not bring witnesses to testify on
that line. Yet [ want you to give him
the benefit of everything that has been
: testified in his favor. But gentlemen
if it be proven that he committed this
atrocious crime, his reputation will
avail him nothing. Did he commit the
crime charged in the Indictment?
When Ernest Austin went home from
David Enoch' that night, at 900 o clock.
those three persons, Rachel, William
5 and Ernest Austin, were there, and no
other person. No evidence contradcts
; this. The next morning at 800 o'clock,
4 down there at Wesley Haines', nearly
< q half mile from the Austin home,
4 Charles Haines was awakened by a
d voice, in the lane, of the prisoner, and
u that voice exclaimed, sob. God! have
|, mercy on me.' That involuntary ex-
Vt clamation of the prisoner, when he was
alone with his Maker, when he thought
he was alone, is circumstance. What
had he done, that he should ask God to
have mercy on him? If some body else
L had perpetrated the crime, he might
lhave called on God to avenge his muir
u dered mother and brother. But his cry
u was, ''God have mercy''-not on his
Z mother and brother-but ION me. "
y What had he done? Something most
~ serious: something most atrOciOuS,
- something most horrible.
l. Mr.. Willis, says those tracks along
'e the PIKE W re straight, therefore the
es prisoner did not turn to look back, as
'l he would have done if he had commit
- ted the crime. The testimony of his
~ own client said he did not look around.
~ Why should he look around? He had
T. seen enough of those horrors. If he
Y knew the story of that crime, he would
not dare look around! He knew the
horrors of that scene; had done his
T. work. and he had no reason to look
/, around.
"a The track was of a bare foot, straight
~ and of person crying out in the night
n' That was the foot print of the prisoner
you all know! There was but one fresf
track that morning, one bare foot track
10 The prisoner himself made that track
l for when he fell, on Daddy Haines
- porch. he had on no shoes or stocking;
u: he was barefoot. He was not fleine
10 from an asSailant--he walked in anOrdi
'i' nary step. There was no one then to bt
a feared; he didn't flee; therefore he walk
~ ed.
ar 1t is said there is no evidence tha
that AK (holding it up) is marked will
MT blood! There is no expert testimony t
It that effect. The expert testimony il
DIS that the AK had been subjected to tina
v degree of heat, that the evidence o
e. human blood on it could not be estab
at lished. Therefore no attempt was mad
e, to prove this. But it has been proven
e. that at 500 o'clock, Saturday evening
is the AK was left in Den. Dolan's WOO,
he house, and it was bright AK, without
I'D stain upon il, and that it was found tn
he next morning, within 20 feet of the spo
is where William Austin's remains la
mt roasting in the ruins, with these stain
or upon it, 1t is for you to say whethe
ST. marks are clots and fiberS of huma
1t. hairs. The expert testifies that he be
he lieves they are; and the place the a
IN was found, and the appearances, wal
1t rant the conviction that they are stain
of blood and remains of hair.
Ity The State does not claim that the
le. have proven that those gray hairs foun
m on the pants that Ernest Austin wor
of the morning of May p, when he cam
GO. to Wesley HGines' are those of hi
ell mother, Rachel Austin, but they leav
you to decide if they are. This is a Gil
be cumstance in the case. The State onl
lar calls your attention TO these, and othe
M hairs and other facts connected wit
go them-the suspicious nature of the fact
nd and you are to draw the conclusion
sir | exhibit to you the pants worn b
in Ernest Austin that morning, to sho
80, you the spots of blood upon them. w
of cannot show whose blood it is. On th
,ed inside, it is doubtless the blood of th
NJ prisoner. But that on the outside
p a spattered as if it came from the outside
,ed 1t is a fact for you to consider.
aw Judge Price raises question as
eir the definition given by Judge West
+ha ''corpus delicti," and what it mean
' 70 1t means the burden of the otfense-n,
No the dead body of the deceased person
the colnlhl.'eu auu .iiat M Sne ue.euuanU w,
lad IonleoVcu wlln ~, in.' nusI oe wv" WV
n,, evidence is there that William Aust
1,, is dead? The defense say 'uobody hs
Ia looked upon his dead face; nobody h;
;n, looked upon his body: therefore h
,,as death is not proven. 1t is not nece
ha sary to find his body to prove he
;on dead. If it were, it would only
no necessary for murderers to destroy tt
-nd bodies of their victims, to forever e
,en cape punishment and such a rule
oSa law would multiply crime upon erin
h upon the earth.
rbo There are many points prove the deaf
ano of William Austin beyond doubt:
~ the ruins of that home the body of
~ male person was found. Who liv
w. there? who made his home there? wi
,"r ne' would be expected there that time
|nnt | night? Rachel Austin? She was
o ',.o woman: Ernest? he sits there, til
.S - prisoner. Only one other person w
,a,, there. VIM. Austin. Then there is
bar lstrong presumption that VIM. Aust
was the male person whose remai
i were fonnd in those ruins. There
i'oi retired at night, to rest: there he mig
"a be expected to be found: his home W;
wo,' w there: his bed was there; his restir
s place was there. The State has prove
, 'ar beyond the possibility of a doubt whe
Ca "a his bed stood; there his body WI
,oS- found in precisely that part of tt
house. VIM. Austin, from that da
has never been heard of. This is
circumstance. The prisoner says, al
o his counsel virtually admits that it