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

Issued Twi
the hospital he was in dazed or flghty |
condition.
On what evidence would you impris-
on or convict this man. He woke up at
5 O'Clock to find man trying to take
his life, and was mistaken; should he
therefore be convicted? Oh, no!
AS to the pistol, l care nothing one
way or the other. Whether it was his
pistol or not, l don't care. Bender
Devore couldn't tell exactly where the
revolver was found. Minta
said revolver was kept in bureau in
Williams room.
Look at some of the weak points of
the State. No proof of corpus deficit.
You may find VIM. Austin dead, but
what evidence will you find that he
met his death by violence from another
person.
By what means do.they fix blood and
hair on an AK; that Ernest Austin pro-
cured ak from any place; and that he in
tiicted wound on himself. Ifhe did not
intlict wound on himself, then who shot
him, and who shot VIM. They didn't
dare to bring expert testimony as to
the wound.
say another man could have inhict-
ed that wound, and if so, the same per-
son killed his brother. The State is
surrounded by impossibilities.
The State has the closing, and Mr..
West has the case well digested and
will make an able speech. | only ask
you to stick to the evidence, and you
| cannot go astray. We have performed
our duty to this defendant. | ask you
to give the evidence your solemn,
grave, sincere deliberation, and not
depart from it.
THE ARGUMENT FOR THE STATE. -
Mr.. S. H. West, Prosecuting Attorn
ey, says:
| Gentlemen of the jury it is the frs
time in my life that have been called
upon to take part in a case, where life
and death were at stake. But not only
the life of and liberty of the prisoner a
at stake, but the most vital interests o
the State and of society are involved
| am not here to disparage, nor to abatt
one iot or little from the rights of the
prisoner; but 1t is no less the interest O
State and society, that the perpetrator
of this atrociOus crime be found out anC
punished. There is but one object il
enforcing criminal law, that is to pre-
vent crime; but one object in Furnishing
murderers, to prevent murders. There
fore the state seeks to punish the mur
derer, that more murders may be pre-
vented. If this is not done, other mur
ders will be perpetrated. l cannot tel
the name, the sex, the occupation; bu
there is some murder in contemplation
that will be prevented by your enforce
ment of the law. | feel my own re
sponsibility. | have not sought it; it i
thrust upon me. If it were possible
would be glad to escape it. You, toe
would be glad to esca )e your reSponsi
bility. But it is not to be avoided; it
not to be escaped; therefore you 81
, there to try the prisoner at the bar.
The prisoner at the bar is charge
with the highest crime known to Ou
law-murder in the first degree. @
7 The Prosecutor here made statemen
of the different counts in the indic
ment with which the prisoner stand
) charged, and the punishment to be giN
: en- in each case. He then made state
ment showing an important change tina
l had been made by the last Legislature
as to penalty for murder in the first dt
gree. That change was that IL pri'
, oner be found guilty of murder in tn
, first degree, the jury night recommen
mercy to the court; and in that case tn
Judge is required to sentence the pri
4 oner so found guilty, to imprisonmer
t for life, without any hope of pardon {
9 parole, unless it shall be proved by IL
disputable evidence beyond the poss
: bility of a doubt, that he is innocen
Y "Your verdict, therefore," said I'll
i Prosecutor, 'does not necessarily il
= fl ct the punishment of death, even ii
r be for murder in the first degree"
AS view it, the defendant is gull
u Of one of the gravest grades of Grim
or of nothing. Ii this murder was cor
! mitted by the prisoner, it was done
!, = deliberate and premeditated malic
This is why Judge West did not dive
: upon manslaughter.
= Permit me before entering into tl
a merits of the testimony, to consid'
:, some facts, worthy our attention b
:. not seriously connected with this cas-
Ifa neighbors house is burned, AZ
n he is murdered, shall II good citizen 5
down and ask no questions, make no /
:, vestigation? If they should, then tn,
: will not be entitled to the protection
a law, yet witnesses have been charg
a with being otficious, who have atteml
= ed investigation of this crime. VIII
;. these neighbors saw this house burn
down. and in these smoking ruins sa
the roasting sputtering remains OF the
neighbors were they to pass by like t
I4evite, and not go up to that house
re see what was the matter? to make
It Investigation? What did they d
IL They removed those bodies from +
l. ruins knowing that their neighbors h
70 been murdered, they were alarme
n There was one man who should knC
Of something about it? Should they
e and ask him about it? They shoul
IS And they went to him and asked hi
?. about it. knowing where the secret W
az lodged: where the Information could
T. had. And they gave their informati
on the witness stand. There was
e pumping, no sweat box; but they ask
1T simple, proper questions. And VIII
1T he made statements, should they clo
ut their ears and shut out Information th
~ might lead to the arrest of the one W
% committed the crime? There has be
or NJ cork-screwing, only plain statemer
lie made with considered purpose, wit
re out any cOmpulsion. Everything b
lie been done to take care of the prison
)t and look after his rights. No effC
ot has been made to take any advanta
Id of him. Greater advantages and gret
st er liberty have blel granted him tn
ID would have been given in any 9th
70 county in the State.
y On the night of the Goth of May,
r, has been in lisputably proven, Rach
r, William and Ernest Austin occupi
e. their farm home-indisputab prov
w by all the witnesses, all the circu
n stances and by the. prisoner at the b;