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

make mistakes. fOr UD6Se anu OUneF |
reasons, the law says this is the most |
unreliable class of testimony.
The testimony of G. d. CrevistOn is |
of this unreliable class. He went there |
to get declaration from Austin in his |
condition, and narrates what Ernest
said to him.
There were barefoot tracks in the
road. They went straight ahead; they
did not turn. If Ernest Austin had
killed VIM. Austin and set the house
afire, he would have looked over his
shoulder to see if the house was afire.
The tracks show that he did not look
back.
The testimony shows that DR.. Ziegler
says when he arrived Ernest Austin
was in serious condition. Emery
Hearn says he was suffering greatly
when he reached there; DIR. Young says
his pulse was lao, his temp. 104. Medi-
cine had been given him to stimulate
his heart action; he was on the point OF
delirium. If man under such circum-
stances made contradictory statements
would you hang him for it?
There was no statement made by
Ernest Austin that would indicate his
his guilt.
On Tuesday, Ernest told Hearn that
he was going to die. He understood
they had found a sharp AK up at the
house, and said Dennis Dolan shot him.
He thought he was going to die. This
was his dying statement and is entitled
to the same credit as if given under
oath.
There is gunshot wound on the per-
son of the prisoner. The theory of the
State is, that the prisoner inflicted the
wOudd on himself. If somebody else
did it, then Ernest Austin is not guilty
The revolver that was found in the
rufus was found among the dishes and
glassware. These were in the cup
board in Williams room. That was
where Ernest said he kept his revolver.
1t has not a single cartridge or shell in
1t. DIR. Hamer said this wound would
cause person to fall and be insensible
from moment to some time. Would
Ernest A stin in such condition think
! of taking the shells out of that revolver!
If he intended TO kill himself he could
not have expected to inherit the prop
erty, and he had no motive for the
7 crime.
, Ernest Austin could not have shot
himself in the way he is wounded. II
} is an impossibility. Some other man
committed the assault on Ernest Aus
{ tin; 1t Is not material who 1t was.
The reputation of Ernest Austin has
] been proven to be peaceable; he had d
good character; he was good citizen,a
, man who went to war to fight for hui
manity. The quarrel that Burnsides
I relates occurred when he was II boy; II
3 was a boyish quarrel, no one was hurt
0 and 1t signifies nothing. The relations
J. of the family to each other were pleas
0 ant up to the day before the tragedy oc
n CURED. Would such man kill hi
! mother who had nursed him back t.
: lifeY Would he kill his brother, ant
0 lay II upon his friend? No. Ernes
: Austin never killed his brother. HI
y never killed his mother. He stands be
u fore you an innocent man.
Court adjourned till 300 o'clock.
y WEDNESDAY AFTERNOON.
!, Judge Price said:
- This jury Is not TO be governed by |
- wild rumor that Ernest Austin killed
a his father, who died Of heart disease
~ nor by the theory that II the defendan
!. did not commit the crime, who did? o
somebody else did. This Is judicia
~ investigation. The safety of societ.
depends upon just enforcement OF tn
N "a
a. Congress or u Legislature: They can
~ not take away my life or property;
II jury can.
~ 1t Is said that an atrocious crime ha
~ been committed; II so, and proper evid
y ence Is adduced to prove that fact; Co
y knows, the perpetrator should be pun
:, ished.
~ The prisoner stands charged, on fou
>, counts, with murder In the first degree
n The presumption Is that he is innocent
i 1t was not for him to prove anything
~ 1t Is for the State to maintain th
a charge. The presumption of innocenc
=, ~ remains till each Juror Is satisfied be
% vond reasonable doubt, by the evid
y ence on trial that the prisoner is guilty
n The State has undertaken to prov
% his guilt. -,
IL A reasonable doubt is fair dout
- arising in the mind of reasonable mat
i. after he has weighed the evidence as
!. reasonable man. Am | satisfied by tn
= evidence to moral certainty, of hi
y guilt? Is the evidence reconcileabl
~ with his possible innocence? If an
~ juryman entertains such doubt, 1t is hi
y, duty to withhold his assent to vel
is dict of guilty.
9. There are four counts in this indie
q ment. If the prisoner killed him at al
a he could kill him in only one way.
,e he had been killed by drowning, b
rs could not be found guilty under this il
to dictment. He must be found guilt
a under this Indictment. He must
~ found guilty under one of these count
"a Ernest Austin is no stranger, +
re tough, he was not raised in the pu
ct liens of q city. He is country DO,
re well born, well bred; and well col
n Quoted young man. This is circun
C. stance. What was his condition, b
n standing, his manner of life? No ma
,e can say that he was dissipated; that /
r. has violated any law. This is q circun
,h stance to be considered. Like a fiji
at bell in the night, he is suddenly char,
n. ed with an atrociOus murder. 1t is
"a presumption from his character that
re would not commit such crime.
true he would be insane. The defen!
al claim that he is Highty, but not insan
at We made all the defense that could |
lr made. mot guilty" We made no pie
,v of self defense or insanity, but simp
re not guilty, and we do not have to oft
IN evidence to show that the prisoner
n not gnilty.
I'D On the Goth of May, the Austin fan
of lily were living peaceably togethe
It. That day Ernest went with Il. Fl. FLAG
al to the field to consult with his brotht
IS William about insurance. That ev
ce ming about eight o'clock, he went dow
le the road to visit his neighbor, Davi
be Enoch, and sat for an hour talkiug an
,u joking with Mrs. Enoch. From tn;
time on, we learn nothing of him ii
to he went to the Haines home, about
o'clock Sunday morning, except as tn
an State has shown. Is it probable tn;