Brookings weekly register. (Brookings, Brookings County, S.D.) 1898-1903, 1900-07-12
Number 9.

were put out | knocked at Mr.. Nor
toms door, but got no answer. | tried
the knob. The door was not locked.
went in. Mr.. Norton was not there
turned the tight down TO taper.
had the same experience at the other
soom and turned that light to . taper
also. Both rooms We're empty. When
/ came around at o'clock. the taper
was still burning In Mr.. Norton's r0oDs.
but the one In the prisoners room had
been put out. tried the door, and Il
was locked. The taper In Mr.. Nort0n'S
room burned all night. He never came
back. saw the prisoner come out Of
his room about Z the next morning,
just before went off duty" Cross ex-
animation elected nothing Of conse-
Quence.
The next witness was an old white
haired man. He said:
II am miller. have managed my
mill for 20 years. l know about the
currents In this lake. By the Lakeside
hotel It sets due south. II never varies
In my opinion, II would be impossible
for pair Of oars to float from the ho-
tel dock to Deer island, because the
current would be dead against It. The
same would hold as to the corpse OF q
man. Even II the current were right
It 10 not at all probable that two oars
would float nearly a mile and land at
exactly the same point" Not cross
examined.
The last witness for the prosecution
was the miller's son. Being sworn, he
said:
IL remember the 18th OF September
very well went to bed early. intend
ing to get up at 2 in the morning and
60 fishing for bass. woke earlier
than that and started, It was . black
night, and the wind blew almost q gala
There were heavy clouds. plenty of
lightning. but no rain The wind was
from the northwest. Ny house Ii along
the shore between Deer island and the
hotel l am north of the hotel When
I reached my landing place. my boat
was missing. l supposed It had broken
away. perhaps because the wind was
20 high. knew that the current would
take her south anyway. and, besides.
the wind that night being also from
the north, It would be certainty that
] should nnd her somewhere toward
the hotel. And thar . just where did
find heron the beach at the side ok
the hotel landing. While was there
! saw boat coming toward me.
waited. II was the prisoners boat
and he was In It He landed near mo
and went toward Tse hotel after tying
the painter to stake. swear It was
he. l recognised him easily. He was
not four feet away. This was just b.
fore O'clock. know about the time
because waited until to zee X tho
wind would die down enough for me
to 60 fishing. At q quarter past 2 I'll
started. Yes: something else happened
that morning. l went mile south Of
the hotel to fish. About 8 o'clock ! y
saw an empty boat adrift coming o.
ward me. I went after It and took Il
In tow. It was the prisoners boat. It
evidently broke away from the stake
and drifted to the south. This shows
! was right about the current. for the
wind had all died down by then, and
the lake was as calm as mirror.
took the boat back to the landing ana
tied 1t again to the stake. Then I
went home" Cross examination did
not alter this mans testimony.
In opposition to this strong case my
lawyer had scarcely any witnesses Of
Importance. A few friends testified AZ
to my character and mild manners. a
servant swore that he had seen Mr..
Norton strike my dog Psyche with Il
stick. breaking one of her legs. This
gave me q just cause for Quarr9ling,
but did not exonerate me from the homi-
eide. Not single fact OF any conse-
Quence offered by the prosecution
could we. refute. So our side closed,
and my lawyer began to sum up. He
argued on the following lines:
Gentlemen Of the jury, circumstan-
tial evidence is most unreliable. To be
perfect It must fit into the theory
which It upholds at every point. A
single failure Is fatal. Now. while l
am compelled to admit the majority OF
facts sworn to by the witnesses and
while also admit that these facts
taken as whole. initiate against my
client most strongly, nevertheless there
Is that fiaw to which alluded. There
fore, as whole, we must no longer
this array OF facts. while sim
gly each one is innocent enough In
itself. True, these men had quarreled,
but we have shown that the deceased
had brutally attacked, poor dumb
beast. breaking her leg with q stick.
Was It not natural that my client
should resent such treatment OF his
faithful friend and constant c6mpan-
ionf Was it not natural that he should
be heard In angry remonstrance1 Was
It not even possible for him to use the
words charged against him In mo-
ment Of anger without really meaning
literally that he would take human
life? think so. Have not many OF
us used words In anger which could be
brought up against Us In timc like
thisf confess that have. Yet you
and ! are not murderers. Far from it