The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-12
PROVED GUILTY.

several years ago L ATTENDED the Su-
perlor court for the county of ---. A
case of murder was tried. The evidence
disclosed that the deceased and the
prisoner had been drinking together
and had quarreled; that the prisoner
had struck the deceased; that he had
sworn he would be the death of him;
that through the intercession of the by
ISLANDERS patched up reconciliation
had taken place, willingly on the part
of the deceased, doggedly by accused;
that the deceased had started to go
home by his usual route and that the
prisoner had Immediately followed him,
although his home was in a contrary
direction; that sounds of strife were
heard shortly after; that the deceased
had never again been heard of; that,
suspicion having fallen upon the prison
er, his steps upon the night of the diff
Guilty had been traced; that marks of
struggle had been found upon the earth
and drops of oagulated blood, and that
the accused, having been asked to ac-
count for the deceased, denied that he
had ever seen him after the moment
that he left on the night of the diff
Guilty.
The defense was conducted by the
prisoner in person, and it was evident
to me that, although the calm and col
lected manner in which it was made
had it's impression upon the judge, it
had none upon the jurors or bystanders.
They had made up their minds as to
his guilt and were determined that his
life should be taken. The solicitor gen.
eral closed the case. He dwelt with
burning and bitter eloquence upon the
crime of murder He spoke of the cool
and deliberate manner of the prisoner
and reproached him as one who could
gloat like a cannibal over the mangled
remains of his victim.
He dwe1t with great minuteness,
clearness and ingenuity upon the train
of circumstances (which could not lie,'
and he threw web of guilt around the
prisoner that no one doubted would in
volve him in destruction, but still the
prisoner quailed not. The judge sum-
med up the case to the jury, narrating
the circumstances and unfolding the
law. He admitted that the facts were
very strong against the accused, but
that one material link was wanting. 1t
had not been proved that Grimes was
dead He concluded by admonishing
them that they should not convict un-
less they had sufficient evidence of that
fact.
But this caution was thrown away
upon the excited feelings of the jury,
who without retiring made up their
in the act of signing it when the pris
oner again rose.
Il ask permission of the court" said
he ''to call a witness who think will
relieve me of this diabolical charge,
who will prove that my hands are not
red with my brothers blood who will
show the improperly and danger of a
conviction upon circumstantial evidence
in short, who will satisfactorily con-
vince the malignant and demonlike
heart of the solicitor general that I am
innocent of this crime
"Have you any objection, Mr.. Solic-
itor General?" asked the judge.
None" responded the states at
torney, with bitter sheer, but if he
wishes to convince me and to save his
neck from the gallows he had better
produce John Crimes
THAT is precisely the witness I seek
to Introduce said the prisoner. Mr..
Sheriff, call John Grimes"
The proposition created great excite
ment. Some of the bystanders laughed
aloud. Others heaped bitter excavations
upon the prisoner. The solicitor general
sneeringly asked him If he would have
him called again, and the Judge was ev-
identity fast changing his favorabl
opinion of the prisoner, who, he thought,
was trif1ing with the court. turned to
the culprit and was amazed at the ter
rible change that had taken place in his
countenance. Its placidity and compos-
ure were gone. 1t was covered with
livid spots, and immense drops of per-
SEPARATION were rolling rapidly from his
brow.
Call again. in Gods namew shouted
he at the top of his voice.
The sheriff repeated the call. The
storm that had been s1umbering for a
short time now burst forth with tenfold
violence. The rain beat furiously upon
the shingled roof, the wind howled and
moaned like a condemned culprit and
several of the large pine trees that sur
rounded the building fell with ire
mendous crash, startling the already
excited inhabitants of the court room.
1t was an awful scene without.
1t was a still awful within.
The unearthly appearance of the prisoner,
the sudden and awful change that had
taken place in him, his solemn adjura--
ton and his earnest manner, all had
deeply affected the bystanders. and many
looked as if they really expected to see
the murdered man arise at the invocation.
All were gratified save the implacable
solicitor general. who sat scowling at the
accused with look of triumph and fiend-
ish exultation on his countenance. The
judge rallied himself and motioned to the
foreman of the jury, to proceed, when. sud
denly an individual arose, no one knew
from where and. striding to the witness
which enveloped his form, disclosed to the
horror-stricken and amazed crowd the
features of John Grimes.
Long afterward I learned that there
had been a bet between the prisoner and
his supposed victim bearing on the weight
of circumstantial evidence