The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-27
CHAPTER XXvI.
THE DEFENSE.

Mr.. Ferguson spoke for upwards OF an
hour in easy. graceful manner natural
TO him, and his outline of the case held
the enrapt attention of every person in
the courtroom that morning. There was
little of labored argument, but starting
with the superstition that his client was
suffering fraudulent attempt at election
from his own premises. he proceeded to
put the matter before the jurymen in this
light. He said in substance something
like the following:
"You have listened to the argument of the
learned counsel for the plaintiff. and to the
testimony offered with great attention. and
indeed IL has well merited attention, for
Mr.. Morley can do anything that any one
in a poor case, while in good
it rests with none to excel him. & ut this
is a most unjust. most fraudulent claim;
its equal was never, perhaps. before known
in judicial history. Claims &c estates are
not so rare, but it ever known before.
the attempt to claim mans wife and
family, in addition to his property? and
was it ever witnessed, the conniving of the
wife to aid the false claimant in his en-
deavors TO Dust her lawful husband from
his true place? i trow not. The astound-
ing assumption OF the whole plea for the
prosecution has blinded us somewhat to its
aspect But let us now look at it as it
stands.
''My client, who is none other than the
true Vane Hamilton--as you can see for
Yourself his looks fully corroborating my
statement-returns after an absence OF
many months TO his home. He has been in
the habit of taking his yearly outings in
May. as he is inclined TO bilious difficulties
and is not so well able TO pursue his bust
ness in the spring as in the summer. Far
from making any mystery Of the matter,
he has invariably told his wife that he
went away for his health On one or two
occasions he had other business of a special
nature connected with the mill which it
believed best TO keep secret for a
time.
You all know how that is and that ladies
are sometimes apt to mention such matters
in their condolences with other women. so
that they leak out, often TO the serious
detriment of their husbands business.
knowing this. Mr.. Hamilton did not al
ways explain the full reason of his trips.
an6 his wife chose TO make a mystery of
them They had nothing to do with seek
PADDLE has no part in the defense The only
other children born to the Hamilton
parents were a boy and a girl. who died
I'm their infancy. The confession of Hannah
Sargent is of no account. she having told
at least half a dozen different stories about
the matter.
taken with a peculiar malady. species Of
insanity. He forgot his name place of
residence. everything. You have heard IL
all explained in the evidence for the prose-
cution. embodied in the words of Mr.. Libby
and others, who. however. make the mis-
take OF confounding the false claimant with
the true Mr.. Barnstead, l shall prove by
the evidence of his friend Hurd. did not see
Hamilton the 18th; that IL was the next
Thursday that he witnessed the meeting
at Portland depot, instead of Friday, when
Mr.. Hamilton left home. Mr. Hamilton
went on his way unseen by Mr.. B0rnstead,
but on the Thursday following he saw the
claimant. who al that time had light hair
and rcsembied Mr.. Hamilton strongly. In
fact. the claimant II none other than the
notorious Ashley, who got corhered at Port
land depot that very day, and was arrested
by the sheriff from Goodwill. Harrison
county. Nebraska.
MIR Barnstead testified that he looked
bewildered. No wonder that he did not
know what TO do when he the officers
watching him, or that he thought the only
thing he could do was To plead mental aber-
ration, The officer watched him. and he
knew that he was recognized. With the
fertility of resources for which he is noted
Ashley decided TO walk up 10 the officer
pretend he did not know his own name, and
perhaps get a chance TO escape being hand
cuffeo. What is my name /? he asks the
officer: you appear to know me-
NO wonder the officer looks surarised AT
the question. but the answer came readily
| Your name is Henry Ashley. | know you
we'll OF course he did. There was more