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

Austin were dead; but that fact in
itself would not prove him guilty of
having killed William. Further, the |
motive of gain would be destroyed, if |
it were proven that he had attempted |
to take his own life.
The evidence that shows Ernest is a |
lefthanded man is not controverted. |
But remember the State is to make |
out its own case. Judge West testi- |
ties that lefthanded man could have
inflicted that wound and said we dis
charged an old army surgeon, without
putting him on the stand, when we had
summoned him to testify as to the
wound. We had him to contradict
testimony we expected to be offered,
and which was not, and we therefore
let him go. They did not put single
witness on the stand to prove that Il
lefthanded man could inhict that wound
upon himself. They did not produce
u witness to prove that that wound
could not have been made in the rela-
tive positions occupied by Den Dolan
and Ernest Austin.
No expert was called to prove that
such wound could not have been so
| made. 1 don't suppose Ernert Austin
knows what position they were in.
prisoners shirt, but none on his person.
There was no testimony to show how
far away shot would be to inhtct a
powder burn on his shirt.
| If he did not kill his brother, he had
no reason for killing himself. If he
shot himself, there was no motive for
| his crime. | believe that man is inno-
cent of killing his mother and brother.
| can conceive of no motive or reason
| that would lead a reasonable man to
convict him. | would not take away a
mans liberty for one day on such evil
dence as is presented in this case.
1t is said now that William Austin is
dead. | neither affirm nor deny. 1t is
said that the body found in the north
west corner of the room was that of a
male; but all said it could not be iden-
titled. Therefore, | neither affirm nor
deny. Judge West said if William is
dead, it proves corpus delicti. If a
man were indicted for stealing horse,
the first thing is to prove a horse has
been stolen. Judge West said the find
ing of corpse proved the body OF a
crime. Not SO; it must be also proven
that a crime was committed.
The State has not shown that Will
liam Austin was killed by any one;
|
J A mans life is not to be guessed
away. We are not to say it might
have been done this way or have beer
done that way.
The argument of Judge West wher
he says the crime NUT have been com
mitted by Denny Dolan or Ernest
Austin, is on little higher plane than
idiocy.
If yon find the evidence satisfies yol
} that William was killed by violence
inflicted by Ernest Austin, you must
t find him guilty. If you do not so fine
I him, you must acquit him. You arr
! not to inquire whether Dolan is guilt,
or not. | am not here to say whether
Denny Dolan is guilty or not guilty
: Judge West says it must be DEM,
\ Dolan or Ernest Austin. Neither o
\ them may be guilty. l have no righ
: to express an opinion about, Denni
J Dolan. If had right to express an.
I opinion, | would say | didn't thinl
Dennis Dolan is guilty. But | woult
: say there is as much evidence sagains
i him as against Ernest Austin.
: Circumstantial evidence is sufficient
: but it must be sufficient to preclude tn
u presumtion of innocence.
al Take into consideration the excite
4 ment of being aroused in the night il
g such Il situations; that wound and tha
J., medicine. II he had confessed, h
should not be convicted on it,
Conversations are liable TO miscor
struction. The books say cases are yer
rare where person should be execute
on circumstantial evidence alone-es
pecially on reported conversations o
a remarks, of his.
10 hat
,, went to Dolan's and got that TX.
u Defendant is not to be convicted be
II cause he has contradicted himself i
VI the condition he was in. If he kille
y his brother he took the life of his motf
e or. Tell me one thing that proves h
n committed that crime. They have o
/ fered no evidence that he could hav
u inflicted that wound himself. If tn
mau is convicted it will not he on eli
v cumstantial evidence, but on converst
l. tions he had, or what he is alleged
u have said.
A. Witnesses cannot repeat exact
what was said six months ago.
lr 1t is very little difference what
,. said, If in his right mind. 1t is I'll
I. poorest of testimony, even in civil case
= Adjourned till $3.50, Thursday morl
e ing.
a THURSDAY MORNING, Dec. 81.
|, Jury was called at $50, and Jude
"a Price resumed his speech. | am u pa
of this court. 1t is my duty to do a
n that is fair and honorable for the defe
\ dant. Lawyers in their zeal may 5
~ beyond what is fair and honorable in
"a case. Judge West has assumed facts
Is which there is no proof. If evidenc
la proved prisoner guilty, his previor
w good character would be no defens
i If no direct proof, previous charactt
r- is a circumstance that must be owe
come. Character weighs.
. Discussed simulated evidence; Judg
" West assumes; says Ernest Austin wei
y, to Denny Dolan's and got an AK. b
II who says-what evidence that he We
le to Denny Dolan's and got an AK. YC
II are the arbiters. Do not assume.
W not guess. 1t might be this way
oe that. 1t is dangerous. But he mao
90 threats, three or four years ago. Juds
40 West assumes there was blood on I'll
II AK. Prof. Bleine testified he could NJ
" discover any blood. Is there any dou
n about that? Bleine said hairs cou
II not be traced on the AK. Judge We
is adds statement to the test here. al
III there that never was testified to. \
ne evidence of blood on AK. He did 81
n hairs were given him by Prosecute
re and he believes they were human hal
y but no proof whose hairs they wer
Hair on trousers; does any body kno
IS those hairs were on trousers when wO
Ii by Ernest Austin? They were whe
&c thousands could have got at thel
e' These are circumstances, and befo
oe them the theory of the defense wants
ca es like frost before the morning su