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

5aken. You must be guided by the
proof in the case, not by fear that be-
cause a jury in another case, years ago,
made mistake. If you find verdict
On the law and evidence in this case,
you will lose no rest.
Is William Austin dead +? The State
has conclusively proven that fact. That
horrid, stewing mass of bowels and flesh
and bones, found the next morning, was
the body of William Austin.
But it is not only necessary to prove
that William Austin is dead, but that
he came to his death by malice. NAL
ice is to be inferred. This conclusion |
is to be drawn from the manner in |
which the crime was perpetrated. If it |
is done under circumstances of atrocity |
malice is presumed by the law. The |
heart that conceived or designed that |
deed had no regard for society An at
tempt was made to burn the body; that
indicated malice. 1t is proven by cir
cumstantial evidence--the only way
malice can be proven, for no one can
read the mind but by the acts of man.
But malice must also pc premedi-
tated-thought of before; design, a
plan. What are the evidences in this
case? Is it necessary to tell you that
intended to commit it? The only in
strument used was the AK of neigh
Dor found few hours after the murder
at the ruins, stained with blood. At
five O'Clock Saturday evening it was
bright and clean, now it is stained and
bloody. The only inference is that
that ak was used in perpetrating the
CRIME. Whoever perpetrated the
crime, went to Dolan's and carried the
AK to Austin's, had the murder resolved
upon in his min d and deliberated and
premeditated the crime.
At 1l:35 Court adjourned to Loo p. m.
| THURSDAY AFTERNOON.
| At LOS o'clock the Prosecutor re-
sumed his argument. Circumstantial
evidence, IS the evidence of witnesses
who testify that the circumstances are
true. A circumstance cannot lie. A fact
cannot be false. If circumstances full
and fairly proven cannot be relied on,
you might as well repeal nine tenths OF
the criminal laws. Direct evidence is
often not attainable. Men who 90 to
commit great crimes take no witnesses
with them; they tell nobody of their
intentions; and the greatest criminals
would go free, if circumstancial evi-
dence could not convict.
Having proved beyond the possibility
of a doubt that William Austin is dead,
who caused his death? who struck the
fatal blow? 1t has become necessary to
prove that he met his death by vic.
lence.
| We have established the fact that
VIM. slept in the n. w. corner of the
house, and his mother in the S. W. cor.
ner. We have established their death
in these parts of the house. Was it by
suicide? or how? By suicide? 1t is i'm
possible to believe it. If they commit
ted suicide, how did that AK get out
. side the house? They were found dead
where they slept. If they died by sui
eide who set the house afire? The de
fendant heard them cry out before he
, got up; then the house must have beer
set on fire before they committed sui
eide. Somebody inflicted the wound OF
defendant. If the others killed them
selves, who shot Ernest? There is M
conclusion but this, that they were
killed by violence.
The evidence shows that VIM. Austir
was killed by violence, premeditate(
and deliberate. This conclusion ha
= been reached from circumstantial evi
! dence.
, Let us consider by whose violence tn,
crime was committed? The evidenc,
p points Individually to the prisoner.
William and Rachel Austin met thei
, death by violence and not by suicide
Both met their death by the hand o
another. Whoever he was, he wa
: present on the scene, in that house
: The evidence shows that the blows wer
inflicted by a man who stood by thei
y beds. The man who did it was ther
/ for that purpose. The evidence show
a beyond the possibility of doubt tina
, at the time the time the crime was com
! mitted nobody was there besides tn
q victims, but Ernest Austin. If the evi
: dence shows this, then the defendan
v is the guilty party. The evidence,
!. say, discloses this: No person outsid
h the family had any motive for bein
: there; there has been none pointed out
This is circumstance. There was on
:, person who had the opportunity, if h
: y was so wickedly inclined. That perso
a was Ernest Austin. 1t has been prove
a beyond the possibility of doubt tina
a he would profit by the death of hi
Is brother. Is that motive insufficient fo
), the crime? So is all motive insufficier
for any crime. Yet men have commit
q ted murder ever since Cain kille
# Abel. A man shoots another on tn
!, highway for few pence. There is n
~ sufficient motive there, but it has bee
y done again and again.
g., VIM. Austin was an exile from hi
g home, and lived for 20 months wit
- Alex Burnsides within half mile {
:. his fathers home. civilian, you ha
" " better not return" were the words
- his mother, as he left home after h
,S quarrel with Ernest. There was fee
;S ing of bitterness and revenge betwee
: the brothers.
;s 1t is an utter impossibility that th
10 murder was committed by anyone, NJ
- member of the family. One not
y member of the family, going there I
e murder them, would not have left Err
- est, the strongest, to the last; he woul
not have set fire to the house first.
!, the crime had been committed by a
- outsider, the AK would not have bee
q left there. But it was brought thel
,s for a purpose and left there for anothe
% purpose. 1t is an impossibility tn;
~ these murders could have been commi
a a ted without arousing Ernest. Erne.
said the house was afire when he g(
~ up, and the floors were burned ava,
and his mother and brother were the
- alive, for he heard them cry ou
- Therefore the murderer must have 81
- the house atire before he committed tf
- murders! An utter impossibility. Th
~ :, only inference from all this is, that tn
% % crime was committed by a member {
: the Austin family.
- In this connection, the only inferenc
that can be drawn is that there wei
70 70 only these three persons in the hous
70 that night, read his statement mad
- to the Coroner; made by the perso
q who knew at the time the whole God
" truth of the acts of that night. r,