Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-03-17
CHAPTER Y.
The Trial Begins.

of the Jury System, that The Jury de-
sides momentous questions over which
The World may wisely or wickedly
have stumbled. The legal light which
is focused upon the jury box has an
illuminating power which the specta-
tor does not always adequately appre-
ciate Guilty. a man might dazzle his
fellowmen with his audacity, and es-
cane by the very boldness Of his guilt;
innocent he would find a greater de-
gree of safety in the searching scrutiny
of twelve honest men. sworn TO do their
duty, than in the shifting partisanship
Of an irresponsible and prejudice-blind-
ed populace. If laws raison d'etre be
Justice, then The Jury must remain
The World must bow in submission.
It took some time to secure jury
in Gilbert Senn's case, for there were
few who had not talked about it, few
who had not formed and expressed
opinions.
But it is undoubtedly always true
that twelve men can be found VINO
know little enough Of a given case 70
qualify them to act impartially. They
found a jury for Sem: Sem heard
them sworn, listened himself in sort
of Indifferent stupor, and feeling as
though he could not be concerned in the
matter himself-feeling as though II
must be some one else whose life was
in danger-feeling a vague and imper-
sonal sort of pity for the luckless
wretch against whom the powers OF
law were about to be invoked.
The winter sunshine fell into the
room. Outside, the day was beautiful
Beyond this room there was life and
freedom and honor-surely he could not
be shut out from it all forever-surely
it must be a dream, q bad dream.
But no! Freedom and honor belong
cd TO the dream; the horror all about
him belonged to the real.
And he awoke from his day dream
suddenly
They were reading the indictment.
1t did not take long. There was not
so much of detail as he would have
been glad to hear; when a man must
face a horror like this it is a comfort
to KNOWN all respects-just what the
horror is.
The indictment was read, its state
ments Of names and places and dates
being given with great particularly.
He glanced curiouSly at Aldrich. The
lawyer neither looked up nor moved.
Senns face took on a look of proud
despair.
Then, almost before he knew what he
was doing, some one had assisted him
to his feet. Some strained, harsh voice,
which he could scarcely realize was his
own. so changed was it, had faltered
Not Guilty" and he was sitting in
his place again, his face buried in his
hands, trying to shut out the sight of
the hateful multitude who waited for
his DOOM
The prosecuting attorney arose and
briefly explained the case. The MUIR
der took place more than ten years be-
fore. and in a country house some fifty
miles distant. The murder was pecu-
liarly atrocious from the fact that the
guilty man had so planned and executed
his crime as to leave the question Of
the manner of his victims death in
doubt.
The prosecution would admit that
there were those who had honestly be-
lieved that Constance Craig died ma
tural death: the prosecution presumed
such witnesses would be introduced by
the defense. The prosecution desired
to state frankly in the outset that they
had only circumstantial evidence upon
which to rely; they admitted that they
were unable to assign an adequate mo-
tive for the commission by him of the
crime of which Gilbert Sem stoOn ac-
cused; they had no proof to offer tend
ing to show that ill-will or revenge had
anything to do with the horrible deed
indeed, there was no reason for
thinking that Gilbert Sem had been
acquainted with Constance Craig prior
to the murder No evidence would be
introduced tending to show robbery in
the ordinary and usual sense Of the
term; ii had been the intention of the
murderer to make it appear that death
was not the result of murder and one
little article, whose presence in the
room of death would have been evil
dence of struggle, had been removed;
this article was of little value; it would
be shown that Gilbert Sem had had il
in his possession. The facts, then
which the prosecution would establish
by the testimony of reliable witnesses
were these:
u. The death of Constance Craig.
''2. The fact that her death was ac-
COmpanied by severe struggle, which
took place while Il person who had new
er confessed his presence there was ir
the room with her.
"3. The fact that an article belonging
to her had been removed at the time OF
her death.
II. The fact that the murderer haC
carried small article Of his own into
the room.
- The fact that the article StOer
from dead Constance Craig, as we'll as
the other article to which reference haC
been made, had been traced to anC
found in the possession Of Gilbert Sem
%. Ihe TACT OF the presence OF Gill
bert Sem near the residence Of Con.
stance Craig not long before the mur.
der.
-. The fact that the general charac.
ter of Gilbert Sem at the time of the
murder Of Constance Craig was Sucf
as To make the theory of murder or any
other infamous crime a reasonable one
in his case.
IS. The fact that when arrested HI
had attempted to destroy the article:
on whose silent evidence the proSecu
ton largely relied 10 prove his guilt
And now," said the prosecuting
attorney. there is one thing more t
be considered before we call our wit
nesses. hold in my hand a document
dated in BoOmville. Maine. on NOvem
Der 9Th. 1870. in the handwriting Of
b. Prier. as l believe, and signed will