The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1904-07-22

In the present instance he declared
that Dunstan Rurbage should never
have been placed in the dock. 1t was
not in the nature of the man standing
for trial. young i'll years and expert
ence. 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 ill feeling between them;
on the contrary. they had always seem
ed good friends.
Would any man among the jury stain
his sould with blood incur Il haunting
remorse, risk his liberty and life that
he might get back an O L? The pris-
oner was a man of heart and feelings
and conscience Ike 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.
But it must 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. ON
ing to various causes had been a fore
gone conclusion.
Now, the facts of the case We're eX-
tremely simple, and when Justly stated
undeniably proved his innocence. He
had lost money at cards and used
phrases already unduly dwelt on. show
ing that he deplored his fooliShness.
Immediately 2ftcrward he went up
stairs with the deceased IA kindly
hearted, wealthy young fellow, who in
vted him to his room, where he gave
him back the US the prisoner had
signed. The latter took them to his
own 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
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 and 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 en-
planned, and there was not an atom of
direct evidence to connect him With this
crime.
Circumstantial evidence had before
now led to depIOrable mistakes. Even
within the past few years there We're
StTiklilS examples OF men condemned 10
death or penal servitude for crimes of
which they were subsequently proved
innocent.
Many cases could be cited where jur-
ors, relying on circumstantial evidence,
wronged beyond repair the unfortunate
men they had found guilty: but he felt
sure that no such deplorable blunder
would be made here, where every cir
cumstance had been accounted for TO
q
Finally, he stated that there was no
case whatsoever upon which to convict
he prisoner, whom their judgment and
conscience would tell them WAS entitled
to be discharged as an innocent man.
The profound silence succeeding this
speech was interrupted by the deep,
grave voice of the judge, who with slow
deliberation began to sum up and bal
ance the salient points of the evidence
for and az nst the prisoner: at the
conclusion of which he left the fateful
issue in the hands OF the jury.