The weekly herald. [volume] (Amarillo, Tex.) 1906-19??, 1907-06-13

chain OF circumstantial evidence has
sought to bind him. is now being
determined by the jury of twelve
men. Shortly after ~ o'clock today
NJ. j. r. Jackson made the close of
he mastery speech with which he
wound up the case for the state,
Then Judge Browning without fur
Their delay read his charge to the
Jury and gave the men into the
hands of the officer to deliberate on
their verdict.
Opinion Is Divided.
The topic of general talk today
has been the Ellsworth case. Few
OF the people, however, who have
made up the audience during the
course OF the trial Will venteure a
positive opinion on the possible YER
dict and by far the largest majority
of those who have followed the case
are frankly undecided as to the YER
diet. A number of people are out
spoken in belief Of an acquittal from
the jury but the majority of peo-
pie and most of those who are best
acquainted with the evidence expect
conviction or hung jury.
Whether from a natural tendency
TO wish to find someone to punish
for the murder OF Dockray or entire
" from decision based on the evil
dence in the case, the common opin-
ion is that Ellsworth has been shown
to have at least guilty knowledge
of the crime. But as the evidence Is
entirely circumstantial, the matter OF
beyond a reasonable doubt enters
and makes the followers OF the case
speculate as to the possibility and
plausibility of the account and expla-
nations advanced by the defense,
Place OF Crime Not Fixed.
The exact place where the crime
for which Ellsworth is being tried,
was committed, has never been fixed
during the trial by either the state
or The defense. The statement of
Rulk on the Ochiltree county ranch
that he had seen man chopped in
the face with a Ratchet when the
man had just stepped out of a build
ing on the Bowery and that the body
was afterward carried out along the
railroad has been accepted by the
state as corresponding to the manner
in which the killing actually occurred.
This account talles with other cir
cumstances claimed by the state
Burk's alleged statement, however,
although sworn to by five or more
disinterested witnesses from the
Ochiltree county ranch, Is absolutely
rejected by the defense which main
tains that any statement Of the kind
which Burk or Ellsworth might have
made was merely of a general char
acter such as any man might make
and that the ochltree county wit
nesses, assisted by the suggestion OF
the officers for the state who have
traced up the chain of circumstances,
have come to believe that the de-
PENDANTS made some such incrimi-
mating statements
Ratchet Presumed as the Weapon.
In like manner the weapon with
which the murder was done has new
err been fixed upon although the state
again accepted the statement of BurlS
in the story at the ranch that the
man was chopped with a Ratchet.
The nature Of the wounds on the
hoy are such that the lathing Ratchet
or some very similar instrument
must have been the weapon. All the
wounds were about two inches in
length and most of them had the up
per part further indented in the
face and skull than the lower end
of the cut. A man striking with a
square cornered Ratchet or similar
instrument would have made exactly
that kind OF wound.
The Disputed Suit Case.
A crucial point in the evidence is
the suit case which has been Of
fered in the court room as being the
property of the murdered boy and
which the defense claims is Ellis
worth's own purchased in Amarillo