The evening times., 1911-04-17

will show the terrible extent that hu
man Ingenuity backed by malignanc!
VIII go to ferret out things in men,
lives. that. unexplained. make thing,
look bad. That is all there is to this
have seen 1t in every ones life. ant
venture to say to any gentleman. here
II you LEI me watch YOU for the mex
! tel days and detect your every act ant
movement. while you don't do one eingl.
thing that IL wrong. can trace you in.
! to place. and into a position that. un.
explained. would at least make You ridi.
culous. II It didn't appear you were act.
uaily criminal. II elaborated upor
It as has been done in many instance:
In this case. Here is case where
was drunk. and in Il stupos. say. there
had wrestled with those men, had
been engaged in athletics. was out
for that very purpose. l was there In
the fresh air with the idea of doing my
health good. with the idea Of strength
ening body and mind. and II my face
was flushed. it wasn't from liquor. If. as
some have said. I showed evidence Of
drunkenness. ii wasn't from drink. and
as for being in stupor. no. I was
unintellteent. I knew every move that
took place. was as capable Of getting
around as any man in the party. and
was taking my share in doing things
there. except in fixing the automobile.
The churehs Ferry Story.
think that ends what my friend
Bangs calls the standard drunks. There
Is ono very important incident. and that
Is the one that was first testified to.
inal cases. I know it. l have watched
1t for years. and have been at 1t for
years myself. and l presume lawyers
are very much alike. and think Bangs
and Sinkler are following the usual pro-
cedure Anyhow. in this case. and the
usual procedure in a criminal case. you
gentlemen know. is to bring out the
strongest points first, to make a good i'm
preston first. and they put on therefore.
who saw me drunk. as they claimed. at
Churchs Ferry. You remember. gentle
men Of the jury, how they looked. how
there was quite a little discussion wheth-
er that was in 1909 or some time before.
or after. Now. then. YOU. perhaps.
didn't notice the importance Of that
date. You see, il 1t was outside Of 1908
according to the rules Of the senate as
an item in proving the charge Of drunk
enness, 1t would have to be after that
time. Or. in order to be good along
the line Of habitual drunkenness 1t had
to be charge that occurred during my
present term Of ONCE. will tell you
that Jake Fulkerson and T.
D. Stansberry didn't tell you one word
Of truth about that matter from begin
ming to end. Not even had they the
date Of my visit correct. They just got
within about two years Of the date Of
visit made to churchs Ferry under
somewhat similar circumstances. al
though l was not drunk. and am going
to bring the three men that helped to
load me on the train. I have just before
you now this man DR.. Flath. One Of the
men that took me over to the train. I
have this man John Anderson. that took
me on the other hand. and I expect by
tomorrow to have the man Taylor that
was pushing at my back when they load
ed me on the train, and when my legs
were Hopping in the breeze and / was
still singing Scotch songs. suppose. I
am going: to have these men here. and
am going to be here myself. and
think I will get a man or two to show
you those men didn't know what they
we're talking about, or they we're telling
1t from the stories that have undoubted-
ly been used In this case to secure my
conviction. I am going to show you, be-
yond q reasonable doubt. that was
sober. And I am going to show you be-
yond reasonable doubt that I was not
loaded on the train. that the men at that
time never tried to load me upon the
train, and there wasn't any occasion for
it, That is what am going to show
you. am going to explain that whole
charge to. you, and l am going to call
your attention, in this connection. to
another incident and that is the testi-
mony of John Gill that testified here.
John Gill is an old time neighbor Of
Fulkerson's and from the same part Of
Illinois and the same breed exactly. and
they have lived neighbors for many
years, but the old man has gone away
from the Gill outfit. This John Gill gives
his testimony to you as sometime in
1909, and you will remember how terrible
his conscience hurt him, and what lot
of time he spent, and II you will look up
the record you will find how it took n,m
a long time to fix up and arrive at 1909:
and that was necessary in order to bring
II inside of the rule Of the senate. that
habitual drunkenness wouldn't be in
ouired Of. beyond 1908. AT that same
trip Fulkerson saw. me and Stanberry
saw me-. Gill saw me at Bisbee came
from Bisbee that same day down to
Churchs Ferry and came in an automo-
bile, and that Ia the only. way. he can
trace that. We came down with a
friend in an automobile from Bisbee to
Churchs Ferry, and Gill was swearing
that was the time was drunk up there
in the room. and they trace It down and
get me in churchs Ferry in 1909, and
loaded me on the train. Drunk COM
pletely so far a. the evidence goes. And
7 1,,;l +a,I ,,o,, ohou% <ia dr,,nL at r1c .