Brookings weekly register. (Brookings, Brookings County, S.D.) 1898-1903, 1900-07-19
"Tne taper soas still burning"


"7he taper soas still burning"
admit that l thought that the oars
might have drifted to Deer island, but
that was my own idea. 1t has been
shown to have been impossible. and
now l am ready to accept 1T as fact
that they did not drift there. This
brings me to the flaw in the chain Of
of circumstantial evidence. We have
client were heard quarreling In Mr..
Norton's room and that after that the
deceased left the house, as did also my
client. Later the miller's son sees my
client return from a trip on the lake.
Here, then, from the mouths of the
prosecutions witnesses we find the
weak spot In their case. My learned
adversary will explain that the oars
found on the island reached that point
in the boat; that the two men went to
the island together, thus using both
pairs of oars; that the killing was done
there and that my client then returned.
leaving the oars behind him as well as
the dead body. Now, gentlemen, ap-
peal TO you. is that reasonable? These
men quarreled just before this trip. Is
it likely that they would Immediately
after go off on a pleasure trip to Deer
island at midnight? Is II likely that
they would be in the same boat at all?
Certainly not But, even granting that
and admitting the killing, Is it prob
able that my client would deliberately
leave behind him pair Of oars known
to belong to him? Or, even granting
forgetfuiness to that extraordinary ex-
tent, Is it likely that he would take a
witness with him on the following
morning to that very island to discover
the body and show the oars floating In
the water? Is 1t not more likely prob
able that he would have gone alone to
recover the oars and that he would
have left the body where 1t was till 9th
ers found 1t, perhaps weeks afterward:
Certainly, as you are intelligent men,
you will see that the theory of the
prosecution is ridiculous. But | must
In some way, then, account for the
presence Of the oars at the island. We
know that Mr.. Norton was out. Why
may II not be that, after my client had
retarned to his bed and after the mill
er's son had gone fishing. Mr.. Norton
took this pair Of oars. loosed the boat
from the stake and went over to Deer
island, where by some accident he was
drowned and the oars left In the
bushes. the boat floating southward till
found by the miller's son? Why Is not
that possible? You will ask what car
riedhim TO the island do not know,
any more than you know what carried
the two men there In one boat. But IL
I might guess l should say that after
the quarrel he went to the island, to
bury that poor dog, missing for ten
days-missing because he had taken it
to Deer island to spite my client and
left it there to die, piece Of brutality
quite on a par with his having broken
the poor animals leg with stick"
l was very proud of that argument.
l thought that my lawyer had done re-
markably well with a poor case, and
was more pleased because saw that
Tic jury WciS hloNCo. hCAt odlishSo
that after the doubt thus created in
their minds they would never convict
me of a capital offense.
The prosecuting attorney did not
make long speech. but 1t was q
strong one.
81 must congratulate the prisoner"
he began, upon the ingenuity of my
legal friend, his defendant. What the
other side lack In the way Of evidence
they make up in sophistry. Mark that
do not say logic. for, just as 1t has
been explained to you to be convincing
circumstantial evidence must fit all the
facts. so also Is 1t with an argument.
Failing at single point, 1t ceases to be
logic and becomes sophistry, yet dan
gerous argument and most convincing
till the flaw is discovered. As the de-
Tense admit all our facts. which indeed
they are compelled to do since they are
facts. need not go over the ground In
full. have only to explain away this
sophistical argument OF my ingenious
adversary and show you plainly that
his explanation is extremely fallacious,
puIsly theoretical And, much as l
should hesitate to deprive the prisoner
Of single chance for his life, at the
same time | am compelled to ask you
to follow me out Of the realm OF the