Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1899-11-09

might he hanged. The defense has INIT
ed that this is why the paper was writ
ten | will not venture 10 express my
own opinion Of such a method of de-
fcnsc Let MS look ut the matter dispas-
sIonatclv. IF we are to believe that Jo-
slah Marsden committed this louthsome
deed as his last act on earth and that
A,tray Marsdcn did not murder him,
then that murder was committed by
some unknown enemy of tho old man.
HAS the defense been able to hint at
any such person2 No. Has tho defense
been able TO assume or deduce that any
other person was in the house on that
night2 No 1t has simply contented it.
self with a categorical denial of every
thing and plea as surprising as it is
abOminable
The value of that plea, gentlemen,
| leave for you TO decide Let us pass
again to the circumstantial evidence
and deal first of all with
The Norwegian Knife.
"This knife has the letter "A brand
ed upon its handle The knife was in
the prisoners possession, it is agreed,
until a few moments or a few hours be-
fore the murder 1t is admitted that
Astray Marsdcn was with Josiah Mars
den on the night of the murder 1t is
also admitted that he used the knife to
open a cigar box in the presence of his
guardian and then left it behind him
ready for the murderer, who. we are
told, entered the house after the prison
er had left it The value of that plea,
gentlemen. is again for you to decide.
The murder was first discovered by
the woman Margaret Gadsden, who was
in the habit of going daily to attend to
the domestic requirements of the de-
ceased. On the morning of Jan. ~ she
went, IA usual, and gained admittance
at the side entrance by the key she al
ways had in her possession.
''Nou will rec llect that between the
night of the 11th and the morning of
the 18th there was "A phenomenally
heavy fall of snow, and the woman no.
ticed that there were footprints leading
10 the front door of the house. but none
leading from it.
becoming alarmed at tho unusual
! stiffness which reigned through the
/ house and unable to get any answer
when she knocked at Josiah Marsden s
door, Margaret Gadsden FASTENED to
| the police station and returned with
, Chief Of Police Dobson.
THAT man, gentlemen, you have had
before you He has told you himself of
his attempt to blind the aims of justice
by Withholding the most important
| piece of evidence in this intricate case,
the paper that Josiah Marsden left be-
hind him. Dobson has expressed his
| Ccntrition and regret for the disgrace
ful course which he took but whether
that contrition will absolve him from
rne penalties Of his action | very much
doubt | cannot refrain from referring
60 the supreme and utter idiocy mani
! Tested throughout by Chief Dobson il
relation to this case and cannot toe
warmly applaud the interchangeable en-
ergy, the zeal and acumcn, of Mr. Her
bert Darrent. the official who tool
| charge of the case and was fortunately
, able to retrieve all the crrors-l vii
content myself 10y calling them error.
at preaent-which Dobson committed
prior to his appearance on the scene
! Returning TO the events of Jan 10, yor
/ will remember that Dobson and tn,
woman returned together and upon en-
tcring the library found Josiah Narsdc1
living dead upon the floor. stabbed tt
the heart BY his side was the pape
which has had such an important bear
ing upon the case, the paper whicl
Dobson retained, showing it only to TIL
prisoner Astray Marsden. You hav,
heard Dohson s account of that inter
view-that the prisoner turned pale an,
trenbled and then promised to see hin
later in the day
1t is for you to say whether Dobsol
is man whose evidence can be relic,
upon or not But, setting that upon on
side, was the action of Astray Marsdcl
that Of an innocent man. He sough
came the prey to y spasn Of fear, bu
an innocent man should have no sue
cowardly emotion Why did he not def
the blacklnail Of Dobson and. knowin
is innocence. rest contcnted on bein
able to prove an alibi2 Why? Because
gentlemen, he could not; because h
was bound to admit that he was at TIL
Grange on that night. He OWNS he wa
at The Grange, but pleads that he lef
before the snOWstorln and left Josia
Marsden alive
"If the defense could prove that fact
could account for the period that elapse
between the prisoner leaving TIL
Grange and being met by Poicema
Thompson, thtre might be some ground
for the plea, but not one single witne>
we are asked to believe that he wake
about for hours in a binding snow
storm That has been put before you i
contradistinction 10 the theory of tn
pr...'1tion that he entered the hous
after the snowstorm, leaving his foot
prints up to the door; that the oil
standing quarrel which it is ndmitte
ON both sides existed was renewed an
that he left by the secret passage on
the frozen river passage that Wa
known only to those who had lived 4
The Grange.
''Astray Marsden was met by ThomI
son soon after > o clock in the mornin
Of the 18th in very excited condition
still chatting, the defense says, undo
the insults 10 had had heaped upon hin
chatting, gentlemen, after sever'
hours walk.