The midland journal. (Rising Sun, Md.) 1885-1947, 1900-05-04


came around at 2 o'clock, the taper
was still burning in Mr.. Norton's room,
but the one in the prisoners room had
been put out. ! tried the door, and it
was locked. The taper in Mr.. Norton's
room burned all night He never came
back. saw the prisoner come out Of
his room about 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:
Il am miller have managed my
mill for 90 years. / Know about the
currents in this lake. By the Lakeside
hotel it sets due South. It never varies.
In my opinion, it 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 a
man. Even if the current were right
it is 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 in the morning and
go fishing for bass I woke earlier
than that and started. 1t was black
night, and the wind blew almost gale.
There were heavy clouds, plenty of
lightning, but no rain. The wind was
from the northwest. Ny house is along
the shore between Deer island and the
hotel. am north Of the hotel. When
l reached my landing place, my boat
was missing. supposed it had broken
away, perhaps because the wind was
so 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
I should find her somewhere toward
the hotel. And that is just where did
find heron the beach at the side Of
the hotel landing. While was there
/ saw a boat coming toward me- /
waited. 1t was the prisoners boat,
and he was in it. He landed near me
and went toward the hotel after tying
the painter to a stake. swear it was
he. l recognized him easily. He was
not four feet away. This was just be-
fore 2 o'clock. / know about the time
because waited until to see if the
wind would die down enough for me
to go fishing. At quarter past 2 I
started. Yes; something else happened
that morning. l went a mile south Of
the hotel to fish. About 5 o'clock /
saw an empty boat adrfft coming to-
ward me. l went after it and took it
in tow. 1t was the prisoners boat. 1t
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 and
tied it again to the stake. Then /
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 as
to my character and mild manners. A
servant swore that he had seen Mr..
Norton strike my dog Psyche with a
stick, breaking one of her legs. This
gave me a just cause for quarreling,
but did not exonerate me from the homi-
eide. Not a 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 a whole, initiate against my
client most strongly, nevertheless there
is that flaw to which alluded. There
fore, as a whole, we must no longer
consider 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 stick.
Was it not natural that my client
should resent such treatment of his
faithful friend and constant compan-
ion? Was it not natural that he should