The citizen. (Frederick City, Md.) 1895-1923, 1900-03-30
THE CITIZEN FREDERICK FRIDAY MARCH 80 1900

when her son had arrived home. The
deduction being, OF course, that as he
had not gone out again and as that
train brought Crossman they could
not have met. To strengthen this was
the testimony that the train that night
was at least five minutes late This,
with the further fact that it was
shown that there were no stains OF
blood on Stetsons clothes, as might
naturally be expected, after such an
encounter, constituted ali the defense.
Stetson was convicted and sentenced
to be hanged and in time was duly
executed, at each successive step to
his death solemnly asserting his in
nocence Of the crime, such being his
last words on the scaffold
Il presume" said the lawyer, look
ing about our group hanging our in
terest earnestly on his tale, Il pre-
sumo that though all of you have de-
nounced circumstantial evidence as
having too great an element of uncer-
tainty to be wholly convincing where
the point of taking a mans life is
concerned, you, none Of you, have any
doubt on my statement that the YER
dict in this case was righteous one,
and that the hanging of Stetson was
justified"
He paused for a reply. All agreed
that it was So and one of us re-
marked that he thought the evidence
was rather direct than circumstantial.
NO." replied the lawyer, 'it was
wholly circumstantial."
But" persisted the one who had
cnnl-an lilo fhnk In
were discussing"
Perhaps" replied the lawyer. But
| decline to discuss or speak of that
case for the reasons have given you.
My point is on this case of circum-
stantial evidence, a jury of twelve
men sworn to do their duty could
have brought in no other verdict than
it did"
All Of us agreed that this was so.
We'll, gentleman, Albert Stetson
was an innocent man. He had not
caused the death of Henry Crossman"
A gasp ran over the group as all
of us caught our breath.
"One night, six months after the
execution of Stetson, when l was
about retiring for the night physi-
clan with whom | was well acquaint-
ed hurriedly drove up to my door and
asked me to accompany him to the
bedside of dying man, who for a
day had been praying and begging
that l should be brought to him. | en-
tered the carriage with the doctor,
who told me that the case had been
under his charge for six months and
had completely baffled him, as he
could find no real disease, and that
he had become convinced that the
wasting away was due to a mental
trouble that he could not reach.
The man was Andrew Mjncher. He
was very weak when ] reached him,
but when l sat beside him the excite
ment of my coming gave him the
strength to confess in the presence
of the physician and myself that he,
and not Albert Stetson. had murdered
Henry Crossman. His story was brief
He had borne an implacable hatred
of Crossman and in secret nursed all
sorts of ideas of vengeance against
the man who had wronged him. When
the chicken-note episode came be-
tween Crossman and Stetson he saw
in Stetson and his anger the instru-
ment of his revenge and sought to fan
the flames to a pitch when Stetson
would inflict injury on Crossman. But
when travelling to the city with Stet-
son he found that his anger was burn
ing out; after the first fierce outburst
he conceived the idea of killing Cross
man himself, knowing that all the pre-
I vious circumstances would direct sus-
picion wholly and inevitably to StAt-
son. TO that end also he had taken
the dirk knife from StetSon'S pocket,
carried as it was loosely in the side
pocket of a sack coat, without its own
er's knowledge. Arriving home early,
he had laid in wait for Crossman and
was in waiting when Stetson passed
ON his way home. When Crossman
came he murdered him deliberately,
throwing Stetsons knife beside the
body.
Il embraced these facts in an aft
davit, to which we took oath, with the
physician as a subscribing witness.
Mincher died the next day
The lawyer ended his tale and we
listened for his deduction. But he
smoked his cigar in silence.
Then finally, said one of us. you
do not believe in circumstantial evil
dence"
Il am too much Of a lawyer" was the
reply, not to admit that logically due
weight must be given to it. But after
my experience | would not send any
one to his death on such evidence
alone. Place him where rectifcatiOn
could not be made if error had been
made The law is wrong on this mat.
ter. The law has been wrong in previ-
Gus years. There was time when the
penalty of robbery was death. To in
flict it now would be considered bar
barous. Gentlemen, the time is not far
distant when TO infict the penalty of
death for murder proven by circum.
stantial evidence alone will be
thought just as ba:barous. 1t will be
imprisonment for life. when if subse-
quant revelation. as in the case
have recited. is made life will not
be beyond recall. There IS a wide
spread and unjust prejudice against
such evidence. and it is due to the
want to the lay mind, of the element
of absolute certainty. "-Rrooklyn
Eagle
Victim of Her Emotions.
cousin Arabella has had to give up
playing Wagner altogether"
"Why?"
Every time she began her Anger
cst F"( 2 it,"
REVENGE ON The WIND