New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1911-11-01


I was minded several times to return.
This I have testified to before"
"Did this struggle consume forty
minutes7''
ut must have. and more. II I entered
the hotel In Cuthbert road at the hour
they state"
Mr.. Fox gave up the game. and Mr..
Noffat rested bis case.
There was no testimony offered in
rcbuttai. and the court took recess.
When 1t reassembIed cast another
anxious glance around. Still no Car.
mel nor any signs of Sweetwater. !
could understand her absence. but not
his. and 1t was in a confusion of feel
ing which was fast getting the upper
hand of me that turned my atten.
ton to Mr.. Moffat and the plea he was
about to make for his youthful client
/ felt sudden slow and creeping
chill seize and shake me. as i have
heard people say they experienced
when uttertng the common expression.
"Some one is walking over my grave"
when I heard these words. delivered
in the slow and but slightly raised
tones with which Mr. Moffat invari-
ably began his address:
MAY it please the court and gentle
men of the jury, my learned frlend
of the prosecution has shown great dis
erection in that. so far as appears from
the trend of his examinations. he is
planning no attempt to explain the
many silences and the often forbidding
attitude of my young client by any
theory save the obvious one-the nat
ural desire of a brother to hide his
only remaining sisters connection with
q tragedy of whose details he was ig'
norant and concerning which he had
formed theory derogatory to her po-
ton as young and well bred woman.
.Fear for loved one. even In one
whom you will probably hear describ.
ed as q dissipated man. of selfish tend.
encies and hitherto unbrotherly quail.
tiles Is q great miracle worker. No
sacrifice seems impossible which serves
as guard for one so situated and SO
threatened"
Here Mr.. Moffat recapitulated those
events, but always from the stand.
point of the defendant. standpoint
which necessarily brought before the
Jury the many excellent reasons which
his client had for supposing this crime
to have resulted solely from the con-
tlicting interests represented by that
furtively passed note and the visit OF
| two girls instead OF one to the Wits,
pering Pines. 1t was very convincing.
At the proper moment Mr.. MOffat said:
Gentlemen of the jury. you have
seen the point after point Of the pros
ecution's case demolished before your
eyes by testimony which no one has
had the temerity to attempt to con
trovert. What Is left? Mr.. Fox will
tell you-three strong and unassail
able facts: The ring found In the
murdered woman's casket, the rem
nants Of the teiltale bottle discovered
in the Cumberland stable and the op
portunity for crime given by the &C
knowledged presence Of the defendan,
on or near the scene Of death.
But are these points so vital as they
seem? Let US consider them and see
My client has denied that he dropped
anything into his sisters casket, much
less the ring missing from that sisters
finger. Dart you. then. convict on this
point when. according to count. ter
other persons were seen to drop dow
ers into this very place, any one OF
which might have carried this objec,
with It?
"And the bit of broken bottle found
in or near the defendants own stable
Is be to be convicted on the similarity
It offers to the one known to have
come from the clubhouse wine vault
while q reasonable doubt remains OF
his having been the hand which car
ried it there2 No. Where there is
reasonable doubt no high minded jury
will convict, and claim that my client
has made 1t plain that there Is such
reasonable doubt.
MY distinguished opponent wouiC
have you believe that the defendant
did not fly at the moment declared
| but that be waited to fulfill the fou
deed. which is the only serious matter
| In dispute In bis so nearly destroyed
case | hear as though he were no"
speaking the attack which he vii
make upon my client when he comes
to review this matter with you. Lei
me see II cannot make you heal
those words too" And. with daring
smile at his discounted adversary
AIOnzo Moffat launched forth into the
following sarcasm:
ARTHUR Cumberland. coming up the
kitchen stairs. hears voices where be
had expected total silence, sees light
where he had left total darkness. He
has two bottles In his hands or In bis
large coat pockets II they are In bis
hands he sets them down and steals
forward to listen. He has recognized
the voices. They are those Of his two
sisters. one of whom had ordered him
to hitch up the cutter for her to es'
care. as he had every reason to he