Kingsbury County independent. (DeSmet, Kingsbury County, S.D.) 1894-1929, 1904-07-22

In The present instance he declared
that Dunstan Burbage should never
have been placed In the dock. II was
not in the nature OF the man standing
for trial, young In a and expert
ence. humans in disposition and Of
biameless character, 10 take the life oil
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
ed good friends.
Would any man among the jury stain
his souId with blood. incur a haunting
mors risk his liberty n life that
he might get back an I o "? The pris-
oner was a man OF heart and feelings
and conscience like themselves. but was
more unfortunate than any n OF
them, because suspicion had stealthily
wound itself round him. caught him In
It's tolls, and threatened 10 destroy
him. For this he deserved their sym
patty.
But IL must be remembered that when
the coroner's jury returned their ver-
diet he was practically undefended, his
name had been banded o 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
~undeniably proved his innocence. he
had lost money at cards and used
phrases already unduly dwelt on. show
Ing that he .depiored his foolishness.
Immediately afterward he went up
stairs with the deceased. a kindly
hearted, wealthy young fellow, who in
vited him to his room, where he gave
him back the / o us the prisoner had
signed. The latter took them to his
own apartment, where he buFned them.
Owing to a disappointment received the
previous ~svening, he left Knowlesworth
Hall early next morning, U Instead Of
going TO London as he had intended and
stated, ne 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 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 ex-
plained, M there was not an atom OF
direct evidence to connect him with this
crime.
CircumstantiaI evidence had before
now led to deplorable mistakes. Even
within the past few years there were
striking 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 circumstantfal evidence,
wronged beyond repair the unfortunate
men they had found guilty: but he felt
sure that no such depIorable blunder
would be made here. where every cir
cumstance had been accounted for to
the satisfaction OF the most exacting,
Finally, he stated tina there was no
case whatsoever upon which 10 convict
the 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
elaboration began to sum up and bal
ance the salient points OF the evidence
Tor and against the prisoner: at the
conclusion OF which he left the fateful
issue In the hands OF the jury.