The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1906-08-23
CIRCUMSTAHIhL EVIDENCE
pY 9. .. pourIass.

ils,s between the surrounding hills. Th'
lcnd on the ncrth side Of the AXE be-
ipags 20 TIC Chamb, aims. ard fls teen
IN tho possession 81 tina; family since the
war VI independence. The lake Is about
thgre miles long. anil at ia gfca;"a; width
measures probably loo feet. The land
surrounding 10 In very fertile. auL a hun
drcd years ago was heavily wooded. saVc
near thu pcbbiy border Of the lake. where
Eaun; oaks and bccchcs gave way TO "A
luxurIant growth OF undcrbrush.
ON the sandy border OF tbs beautiful
and romantic water. almos, "A hundred
years $50. a Young man was shot down
and died uit"ring no word TO Indicate who
had committed tn. crime.
a young man was convicted OF the crime
and was sentenced TO die. and on the day
OF his execution was saved from death by
positive proof OF his innocence. Follow
Ing the proceedings OF our American law.
he VAS pardon"d. after ne was legally
dead. The facts In this strange case are
"a weird az IN. widest imIginings OF tho
most vivid imagination. a.d yet they are
all true.
IL was about the year $50. Among those
who attended school In Mo";ros. were two
boys VINO In their mental and physical
characters stiles were oppos1tcs. except that
both were courageous. boin strong wlllcd
and both honest. one Was 0nali. the
other saiEc. ore was dark. tn. other
ligl.t. one was quick and fiery. the other
cvcn-tempcrcd. but sclf-willed.
These two boys uor they were not yet
mem were c.osc companions Ia every sport
and study. Zach had for a sweetheart the
others SISTER.
The boys OF the school. In n spirit Of
FUN. bcgaa ta!c-Iciling between these i've
friends. what began rs an au.uscmcnt
soon became scrious. Tal"-bcariEE for the
fun VI u became malicious m~'anncss. The
friends had ceased to bc friends. Each
thought the other had forfeited all rights
10 confidence and friendship.
They met one night mt ia old-fashloncd
spelling bee. A fight resulted, and natur-
ally the stronger OF the two was easily
victor. The little fellow. bleeding and
bruised. confessed himself whipped. but
h. was not conquered.
Speaking TO tho young man who had
whipprl him. no rad: you can whip
me- Yes. you can whip me. but let me tel
you somcihing' I'll kill you. Damn you!
I'll kill you. sure"
The words we've uttered In "A way hat
plainly indicated the will and spirit OF the
one who uttered them.
lie that - IL may. on the afternoon OF
that day. "A man who Was also out hunt
ms. heard n gun shot.
A moment later he heard n groan ms OF
some ono In pain. TIL shot sounded as
upon the borders OF the lake. TIL man
ran forward. parting the underbrush as he
ran. In he open. upon the sard. stood
John Moore. the young man who had
threatened the life Of his late friend. In
Moorc's hands. closely grippcd. WAS tho
smoking gun. At hts feet. bleeding. dying.
almost dead. lay the youth whose life hc
had threatened. Moore stopped a moment
and raised tho dying young mans head.
Neither word nor gesture nor movement,
answered him. Moore replaced the body
on The sand. and then kin up hts Eun.
ran az though all III" emons OF the In
fcrnal regions were after him.
THAT evening John Moore was .-rrcEtcd.
charged with tho murder. ~ trSt he de-
ned al knowledge Of the act. but after
ward gave an explanation. as follows:
That hc had run out upon the sand 10 get
"a good shot at a bird. that he had killed
the bird. which fell into the waters -
the LAKE. that then FOR the first time b. had
seen the wounded man. that the sight and
the remembrance % his threat scared him.
and fearing that some one would SEQ him
he ran away.
OF courfc. his explanation was rliicu!cd
and taken IN conjunction with the sworn
testimony Of the man who had seen him
%standiUE with smoking gun over the bleed
ing body 81 the dying maa. Il made his
conviction sure. | cannot imagine "A jury
that would have believed hiz words 20 ~
true. All ~ the circumstance were % a
mott damaging nature. Not "A link iu the
testimony Was lacking. The shot. the
smoking gun. Tho dying. bleeding man. hts
known character. lis nghtiHg record. the
threat he made. the opportunity and his
determination 70 avcngv an imagined
wrong. combined TO make a chain OF cir
cumstautlal evidence proving his guilt he
yond a reasonable doubt. and so a. was
convicted OF murder ia the first degree.
and ne was sentenced u be- hanged.
Thc ordinary appeals. both To the courts
p and 90 executive clcmcncy. were made. but
all alike were unaVal.lng. except that "A
littlc time was gained.
In Binghamptcn. ~. V. In the late fall OF
iSs. "A burglar was mortally wounded one
night while robbing a house. lie was mo-
tined that his hours OF life were few. and
they told him that ~ he had any dying
message TO leave Tor any one. he would
better make II NJ once.
lie had a message. an important message
10 leave. An officer Competent TO admin
lister an oath. was called Ia. and this. In
brief. Is the statement he made. lie said
that In the spring OF ls;. upon the borders
Ola lax In Northern Pennsylvania and In
the afternoon OF the day h. had while
psssing through the woods met "A young
dan and asked him to divide lunch with
INN.
Tho young man had refused. lie said
that the young man not only refused -
give him any food. but upbraidcd him for
his bcegary. He added tina; ne watched
the young man go out upon the sauda bor-
dcring the lake and then. not with any
intention 81 killing him. hut TO punish him
for his refusal agd words OF rcprOof. he
shot al him. The distance was great. and
he had not expected 20 Kill him. Hut tho
shot was only too true. IN young man
fcll. shot through the neck. and was bleed.
ting TO death when no left him a few
moments later. The confession added tina,
from that day he had become an ou,casi
among men. constantly fearing arrest and
conviction.
Now II happened that tho man who
lived I'm the house where the burglar was
woundcd Was a cousin TO John Moore,
mother. With all possible haste. he speed.
"d on his way 20 Montrosc. Penn. taking
with him the signed and sworn confession.
lie arrived IN MonJrosc early IN the
morning OF the day set for the execution
Early as IL was. many people had gath.
cred In tho lille village to witness the
legal killing OF n fellow man. The bear,
or OF the message FASTENED to the sheriff,
who was up aud astir with preparation
for his gruesomc work. The sheriff read
tho confession. and then went TO the eel
where the death watch had kept It's vigil
u He NrlnrLa1 the 1saFFal Hunr AL aulN