Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1905-04-14
Miseellaasuas 8sadins.
CRIMINALS FAVoRITE DEFENCE
Trials In Which Attempts We're Made
to Prove Alibis.

The proof that an accused person L
somewhere else at the time that {
crime is committed has always been {
defence in which advocates have takeI
special delight. Nothing can be NOR
satisfactory, says Answers, provided
that the alibi is a good one.
eff prove to you, gentlemen!" sale
young barrister addressing the jur!
in a case before Mr.. Justice Hawkins
| that my unfortunate and estimabl'
client was hundred miles away from
the scene Of the burglary at the time
that that foul deed was committed
then, presume, that fact will be suffi'
cient for you."
"Of course, cannot speak for the
Jury" Mr.. Justice Hawkins broke ir
In gentle tones, addressing the advo.
cate, "but I can assure you that I m
self shall not be particular to mile
or two. II you can show that the pris.
oner was even mile, or half a mile
away at the time I will give him the
benefit of the doubt"
The alibi has always been a favorite
defence with calculating criminals. II
has, on the other hand, in hundreds OF
cases extricated the innocent from the
meshes of a net of, ,cjrcumstantial evil
dence which must otherwise have In
evitably dragged them to unmerited
doom.
In the famous case Of Rush, executed
for the murder Of Mr. and Mrs. Jenny
and their son at Stanfield Hall, the as
sassin endeavored to establish an alb
by means of his housekeeper. Upon the
night of the murder Rush slipped out
of the house in disguise. effected his
horrible design and returned. His
housekeeper declared at first, upon ex-
animation, that Rush had come home
to tea at 6 o'clock and had then taken
off his boots for the night. About
he had left the room in which they had
been sitting, and was absent about 10
minutes. After that he went out no
more. Under a severe cross-examina-
ton she broke down and admitted that
the statement she had made had been
dictated to her by Rush himself. The
alibi was false. she burst into tears,
and sobbing, described to- the court
how Rush had been absent from the
farmhouse just at the time Of the muir
der.
Clocks have played an important
part In these defences. Lives 'ave
depended on their accuracy or inac-
curacy. In the case Of a man named
Hardy, who was accused Of having
taken part in a murder with others,
one of the murderers, after the crime
was committed, made his way home
as fast as possible. 1t was night and
there was no one in his house but
servant. Putting the clock In the hall
back two hours, the man went to bed.
and rising shortly afterward awoke
the servant and ordered her to go
downstairs and see what was the time.
The girl did so, and once more retired
to her room, when the murderer. steal
ing softly downstairs In his bare feet,
once more put the clock right. The
unsuspecting girls evidence that the
prisoner was in bed at the time when
the crime was committed secured his
acquittal on his trial. The truth was
made known by deathbed confession
some years later.
Witnesses who come forward to
prove alibis by the clock sometimes
proved very unsatisfactory. In a MUIR
der case at the Central Criminal court
two witnesses swore most persistently
to the prisoner having been In their
company at the hour when the prose-
cution contended he was engaged In
the crime.
Are you quite certain of the exact
time?" asked the counsel for the pro-
secution.
Certain" replied the first witness.
How are you so sure about it,
asked the barrister.
I'VE were in the Bear public house,
and saw the time by the clock in the
bar" replied the witness. 1T was q
minutes past g."
You saw that time yourself?" ask
ed the counsel.
yes"
One Of the detectives engaged in the
case here whispered something to. the
barrister, and he turned to the witness
once more.
You see that clock" he said. point
ing to the clock in the court. What
is the time by it?"
The witness turned CHASTITY pale,
scratched his head, gasped, and was
silent. He could not tell the time. The
prisoner was condemned.
A remarkable case Of innocence be-
ing vindicated occurred at Exeter some
years ago. when young naval officer
was charged with having presented at
Plymouth bank a forged order for
payment in the name Of the paymaster
general. The order was cashed and
the presenter disappeared.
fTOIn tle ueSSiiptioii VI thS iS@'
given by three Of the bank clerks, sus-
picion attached itself to the accused
the son Of an admiral, and the clerks
identified him out Of other naval Of
ficers as the presenter Of the forged
checked. Fortunately for the accused
he was able to bring forward small
army of his comrades to prove most
positively that at the hour named he
was in their society, and that he could
by no possibility have been at the
bank as the clerks described. Justice
Crompton found the exculpating EVIL
dence so conclusive that he suggested
to the counsel conducting the prosecu'
ton that It was useless to proceed
and the charge was withdrawn. In