Evening journal., 1900-03-24

approach. and submitted my facts TO
him. asking him to criticise and adj
wise ne With patience and careful
scrutiny he went over the case, pro
nounced It without a flaw. emphatic
ally assuring me that there was not
the least doubt Of Stetson's guilt, and
congratulated me In saying that | was
fortunate in having for my first muir
der case one In which the facts and
proof were so clear
"The trial came. / proved my
charge. The defense was weak, In tue
nature of things-practica no de-
fense at all. On the stand Stetson ad-
mitted the threats and the letter, but
denied the crime, and again assert
ed that he had lost his knife on thes
day he had displayed 1t. There was
witness TO prove that he had so de-
clared at i o'clock before the muir
der and had been seen searching his
clothes for IT, His mother swore posi-
lively that he had arrived home be-
fore the arrival Of the o'clock train
and had gone directly to bed, being
under the influence OF liquor. as She
admitted. She testified that Il was
her habit TO observe the whistle OF
the train as check upon her clock.
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 Stetson's clothes, as might
naturally be expected. after such an
I encounter, constituted all 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 a righteous one,
and that the hanging of Stetson was
justified"
He paused for a reply. All agreed
that II was so. and one OF us re-
marked that he thought the evidence
was rather direct than circumstantial.
No" replied the lawyer, 1t was
wholly circumstantial.'
But" persisted the one who had
spoken. mot like that in the case we
were discussing"
PERHAPS" replied the lawyer But
decline TO discuss or speak Of that
case for the reasons have given you
NV point is on this case OF circum
stantial evidence. a Jury Of twelve
men sworn to do their duty could
have brought I'm no other verdict thar
IL did"
All of us agreed that this was so
''Weu. gentleman, Albert Stetsor
was an innocent man. He had not
caused the death Of Henry Crossn,an
A gasp ran over the group as al
: Of us caught our breath.
"One night, six months after tho
execution Of Stetson, when wai
! about retiring for the night, physi
clan with whom / was well acquain'
/, cd hurriedly drove up to my door AM
asked me to accompany him 70 TN
bedside of a dying man, who Ior
dav had been praying and begging
, that / should be brought TO him. en-
tered the carriage with the doctor
. who told me that the case had beer
under his charge for six months an'
3 had completely bafied him. as h'
, could find no real disease, and tina
he had become convinced that th'
wasting away was due to a mcnta
trouble that he could not reach.
The man was Andrew Mincher. HI
was very weak when | reached him
: but when l sat beside him the excite
ment OF my coming gave him th'
! strength to confess in the presence
Of the physician and myself that he
J and not Albert Stetson, had murdere.
a Henry Crossman. His story was briei
= He had borne an implacable hatre.
. of Crossman and in secret nursed al
I sorts of ideas of vengeance agalns
q the man who had wronged him. Whei
+ the chickennote episode came De
a tween Crossman and Stetson he say
+ in Stetson and his anger the instru
ment of his revenge and sought to fal
4 the flames to a pitchs when Stetsoi
, would infict injury on Crossman. bn
when travelling TO the city with Ste'
) son he found that his anger was burn
, ing out; after the first fierce outburs
r he conceived the idea Of killing Cross
S man himself, knowing that all the pre-
2, vious circumstances would direct sus
picion wholly and inevitably to Stei
r. son. To that end also he had take
d the dirk knife from StetsOn's pockel
{ carried as IL was loosely in the sid
n pocket of a sack coat, without its OWL
d ers knowledge Arriving home early
o he had laid in wait for Crossman an
e was i'm waiting when Stetson passe
s. on his way home. When Crossma
e came he murdered him deliberately
d throwing Stetson's knife beside th
h body.
Ie Il embraced these facts in an al
N davit, to which we took oath, with tn
Ie physician as a subscribing witness
e. Mincher died the next day.
n The lawyer ended his tale and "
d. listened for his deduction. But b
" smoked his cigar in silence.
e. Then" finally, said one of us, "yo
Iy do not believe in circumstantial ev
'e dence?"
Tam too much Of a lawyer" was tn
ID reply. mot to admit that logically du
lie weight must be given to il. But afte