The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1904-08-04

ROOM. As LII, however, 10 throw SUI
deeper mystery over the transaction.
the witness now added a new feature
TO his former statement. that after the
persons returned with the light into
some dark object Intervene between
the light and the window, almost as
large as the surface OF the window IL
self. and which he described by saying
II appeared as II a door had been
placed before the light.
Now In Smiths room there was moth
Ing which could account for Las ap-
pearance: his bed wa Ia a corner. and
there was neither cupboard nor press
in the room. which. but for the bed.
was entirely empty. the room in which
he dressed being beyond.
He would state only one fact more
(said the learned COUNSEL. and having
done his duty II would be for the jury
10 perform theirs.
Within a few days there had been
found In the prisoners house a small
bottle-stopper OF a very singular APP
p~earanee. and was described by the
medical men as OF a kind used by
chemists to preserve liquids most like
ly 10 lose their virtues ON exposure 10
the air. To whom II belonged. or To
what use II had been applied. there
was no evidence TO show.
Such was the address OF the counsel
for the prosecution. and during It's de.
livery | had watched the c~ountenanee
OF the prisoner. who had listened. too.
with deep attention. Twice only did
perceive that Il produced the slightest
emotion. When the disappearance OF
the h~ousekeeper was mentioned a
smile, as OF scorn. passed over his lips
and the notice Of the discovery OF the
stopper obviously excited an interest.
and | thought. an apprehension. but Il
quickly subsidized. | need not detail
the evidence that was given for the
prosecution; II amounted Ia substance
10 that which the counsel stated, nor
was IL varied In any particular. The
stopper wss produced and proved 10
have been found In the house. but no
attempt was made 20 trace Il 10 the
prisoners possession or even knowl
edge.
When the ease FOR the prosecution
in. the learned Judge said he
thought there was ha rdly sufficient evil
dence 10 call upon the prisoner for a
and II the jury were OF that
opinion. they would al once stop the
case Upon this the Jury turned
for Il moment. and then acqul
eseed In his honor's views The coun-
sci folded up their briefs. and a YER
iict OF acqulttal was about 10 be tax
IN. when the prisoner urged the our
% permit him 10 state the cn.e TO Tbs
Jury and TO call his housekerper with
% much earnestnesS and was second
III 30 ably by his counsel. that the
.udge. much against bis inclination and
iabit. yielded 10 the request.
The prisoner then addressed the
.ury. and entreated their patience for
short time 10 obtain their verdict
ipOn higher grounds-upon the lmpos
Of his being guilty OF the aw ml .
{
or the stopper which had been found c
.e dlsowned all knowledge: declared D
most solcmnly hat be had never seen e
before Il was produced In court. and g
sked. could It, being In the house only
few days ago. when hundreds OF PEG b
ie had been there. prodr'c upon an .
npartial mind even a moments preju.
Ice against him? One fact. and only .
ne. had been proved. to which Il was .
for him to give an answer b
fact OF his having gone 20 the bed 7
pom Of his ho~usekceper on the night Ct
question. v
lie bad been subject for many years h
sudden illness: he had been seized Of
that occasion. and had gone 10 pro AZ
ire her assistance In lighting a fre.
be had returned with hlm 10 his room e
v that purpose. he having waited for ~
minute In the passage while she put ~
! her clothes. which would account ~
r the momentary disappearance Of
light. and after she had remained
his for a few moments. hnding
mself better. he had dismissed her.
n retired again TO bed, from which
had not risen when he was Inform. he
OF the death OF his guest. II had
said that. after his commIttal to pr
ison. his ~housekeepcr had disap- on
AIRED. lie avowed that. finding his Jc'
determined. II possible. to nc. OF
his ruin. he had thought II pc
obable that they might tamper with WI
servant: he had therefore kept her TN
I OF the way-but for what purpose7 tn
IT to prevent her testimony being tn
for she was now under the care of
his solicitor. and would instantly
pear for the purpose OF confirming. clio
far M she was concerned. the state ha
mt which he had Just made. dis
Such was the prisoners address. ere
itch produced n powerful effect. II eSl
IS delivered In a firm and impressive ma
inner. and lts simplicity and artiess- III
IS gave It nm appearance OF truth. pa
@ ~housekeeper was then put In the th'
I and examined by the counsel for !
prisoner. She had been kept Mt n 10
Use near Mt hand, and had not heard am
fnOfe worfI NJ tho trial Thero wos ! al