The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1904-07-22

In the present instance he declared
that Dunstan Burbage should never
have been placed In the dock. 1t was
not In the nature Of the man standing
for trial, young in years ash expert.
pnce, humane in disposition and OF
blameless character, to take the life OF
another man. The deceased had won
The prisoners money, but neither before
nor after was there a shred of evidence
to show any I'LL feeling between them,
on the contrary, they had always seem
cd good friends.
Would any man among the jury stain
his sould with blood, incur a haunting
remorse, risk his liberty and life that
he might get back an I o U? The pris-
oner was q man Of heart and feelings
n conscience like themselves, but was
more unfortunate than any one OF
them, because suspicion had stealthily
wound itself round him. caught him in
its tolls, and threatened to destroy
him. For this he deserved their sym
pathy.
Bat 1t mus Be remembered that when
the %coroner's Jury returned their YER
dict he was practically undefended, his
name had been banded about by an
irresponsible press while he was being
sought for. and his condemnation, ow-
ing to various causes, had been a fore
gone conclusion.
Now, the facts OF the case were ex-
tremely simple. and when Justly stated
pndeniably proved his Innocence. He
Q lost money at cards and used
phrases already unduly dwelt on, show
ing that he deplored his f%oolishness.
Immediately afterward he went up
btairs with the deceased, a kindly
hearted, wealthy young fellow. who in
ttted him to his room, where he gave
him back the I o US the prisoner had
signed. The latter took them to his
w apartment, where he burned them.
Owing to a disappointment received the,
previous evening, he left Knowlesworth
Hall early next morning. but instead of
going to London as he had intended and
stated, he made his way to a farm
house, miles from the nearest post
town. where newspapers were slow to
reach.
Here he remained. without striving to
conceal himself. until he read of the
murder n was Mortified to see that
suspicion had attached itself to him;
when he at once gave himself up. The
motive Of every act of his could be eX-
planned, and there was not an atom of
direct evidence to connec him with this
crime.
Circumstantial evidence had before
now led to deplorable mistakes. Even
within the past few years there were
striking examples of men condemned to
death or penal servitude for crimes of
which they were subsequently proved
Many cases could be cited where jur-
.ors. relying on circumstantial evidence.
sWronged beyond repair the unfortunate
men they had found guilty; but he felt
sure that no such de%plorable blunder
would be made here. where every cir
:cumstance had been accounted for to
b satisfaction of the most exacting.
Finally, he stated that there was no
case whatsoever upon which to convict
b prisoner, whom their Judgment and
conscience would tell them was entitled
to be discharged as an innocent man.
h profound silence succeeding this
speech was interrupted by the deep.
grave voice OF the Judge. who with slow
deliberation began to sun up and bal
ance the salient points OF the evidence
for and against the prisoner: at the
conclusion OF which he left the fateful
issue In the hands Of the jury.