Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1911-05-11
~CIRCUMSTANTIAL EVIDENCE
sv s, o. DOUGLASS.

lana on the north side of the lake be-
longs TO the mberlains, and has been
In the possession of that family since the
war of independence. The lake is about
three miles long, and at it's greatest width
measures probably 1900 feet. The land
surrounding 1t ia very fertile. and a hun
dred years ago was heavily wooded, save
near the pebbiy border of the lake. where
gaunt oaks and beeches gave way to a
luxuriant growth of underbrush.
On the sandy border of this beautiful
and romantic water. almost a hundred
years ago. a young man was shot down
and died uttcring no word to indicate who
had committed the crime.
A young man was convicted Of the crime
and was sentenced to die, and on the day
or mis- execution was saved from death by
positive proof OF his innocence. Follow
ing the proceedings Of our American law,
ne was ~pardOned. after he was legally
dead. The facts in this strange case are
as weird as the widest imaginings of the
most vivid imagination, and yet they are
all true.
1t wal about the year 1907. Among those
who attended school In Montrose were two
boys VINO IN their mental and physical
characteristics were opposites, except that
both were courageous. both strong-willed
and both honest. One was small, the
other large. One was lark. the other
light. One was quick and fiery. the other
even-tempered, but self-willed.
These two boys for they were not yet
mem were close companions in every sport
and study. Each had for a sweetheart the
others sister.
The boys OF the school. in a spirit of
run. began tale-telling between these two
1rlenos. What began as an amusement
soon became serious. Tale-bearing for the
fun of 1T became malicious meanness. The
friends had ceased TO be friends. Each
fhnN1Dht tho <thnc 1ac.l ,.r,tlo IN f-LA-
to confidence and friendship.
They met one night at an old-fashioned
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, hut
he was not conquered.
Speaking to the young man who had
whipped him. he aid: You can whip
me! Yes, you can whip me. but let me tell
you something! I'll kill you! Damn YOU!
I'll kill you, sure.'
The words were uttered in a way that
plainly indicated the will and spirit OF the
one who uttered them.
Some days later these two young men
shouldered their fiintlock gun and started
out to put in u day hunting. 1t IS probable
that neither knew that the other was In
the field.
Be that an II may. on the afternoon of
that day. a man who was also out hunt
ing, heard . gun shot.
A moment later he heard a groan as of
some one in pain. The shot sounded as
upon the borders OF the lake. The man
ran Forward, parting the underbrush as he
ran In The open. upon the sand, stood
John Moore. she young man who had
threatened the iife of his late friend. In
Moore's hands. closely gripped, was the
smoking gun. At his feet. bleeding, dying,
almost dead. lay he youth whose life he
had threatened. Moore stopped a moment
and raised the dying young mans head.
Neither word nor gesture nor movement
answered him.. Moore replaced the body
on .he sand, and then takings up his gun,
ran rs though all the demons OF the in
fernal regions were after him.
That evening John Moore was arrested,
charged with the murder. At first he de-
MED all knowledge Of the act, but after
ward gave an explanation. az follows:
That he had run out upon the sand to get
q good shot at a bird: that he had killed
the bird. which fell into the waters OF
the lake: that then for the first time he had
seen the wounded man; that the sight and
the remembrance of his threat scared him,
and fearing that some one would see him
he ran away
OF course. his explanation was ridiculed
and taken in conjunction with the sworn
testimony OF the man who had seen him
standing with smoking gun over the bleed
AAo nv "a SAS al ID IL ulS
conviction sure. I cannot imagine a jury
that would have believed his words to be
true. All of the circumstances were of a
most damaging nature. Not a link In the
testimony was lacking. The shot, the
smoking gun, the dying, bleeding man, his
known character. his fighting record. the
threat he made. the opportunity and his
determination to avenge an imagined
wrong. combined to make a chain of cir.
cumstantial evidence proving his guilt be-.
yond a reasonable doubt. and so he was
convicted of murder in the first degree,
and he was sentenced to be hanged.
The ordinary appeals, both to the courts
and to executive clemency, were made, but
all alike were unavailing. except tina a
little time was gained.
In Binghampton, N. Y. in the late fall OF
1903. q burglar was mortally wounded one
night. while robbing a house. He was no
titled that his hours of life were few, and
they told him that IL he had any dying
message to leave for any one, he would
better MAKE 1t at once.
He had q message. an important message
to leave. An officer competent to admin
lister an oath, was called in, and this. in
brief. is the statement he made. He said
that In the spring OF 1907, upon the borders
Of a lake In Northern Pennsylvania and in
the afternoon OF the day he had while
passing through the woods met q young
man and asked him to divide lunch with
him.
The young man had refused. He said
that the young man not only refused to
give him any food, but upbraided him for
his beggary. He added that he watched
the young man go out upon the sands bor-
dering the lake and then. not with any
intention of killing him. but to punish him