The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-08

bers OF Henry's family? And get all
these men spoke we'll OF his disposi-
tion.
dozen witnesses, men of the high
est character and position. have stated
under oath that they have known this
man since childhood, and that they
have never seen in him anything to
indicate brutality. They said of him
that he is amIable and OF kindly
disposition. Is not that proof and has
II not gone uncontradictcd? No wit
ness has been impeached, nor intu-
enced Now, listen to what the court
says about that kind OF character
The evidence so far as 1t relates to
the good character OF the prisoner
should be considered by the Jury to
determine whether he committed the
crime charged TO him in the indict-
mcnt. l. may be in itself sufficient
TO raise a reasonable doubt. and where
conclusiYely in favor of the prisoner
Wouldn't you say that that is law
and common sense?
No Cause for Quarrel.
Here is a man accused of murder.
ing his wife, young man married
less than a year accused OF numbering
the mother of his only child with
whom he has had no cause of quarrel,
and with whom his relations have been
heretofore uneMceptionabic. The worst
that can be said is that his wife was
once fretted' with him and refused to
kiss him good-by 1t Is incynceivable
unbelievable and contrary to all hui
man acts TO say that this quiet and
amiable man. whose life shows no real
evil disposition, could have taken that
young mother and wife out In the road
TO Kill her. 1t IS unbelievable that
he could have gone out there in con-
sequence OF a preconceived plan and
have deliberately taken her life. To
believe that OF him you must believe
that these gentlemen who have known
him must have misread him. misunder-
stood his character or have misrepre-
sented the facts
You are not trying him for some
thing else. but for a fendish murder
withour provocation and without mo-
tive. You approach the consideration
OF this crime with the statement OF
the court that II there is u reasonable
doubt as to the commission of the
crime by him. you must acquit him.
Not only that. but HE character may
OF itself raise that reasonable doubt.
The burden is on the Commonwealth.
and IL is no light one. It amt IKE
trying q negro for stealing chickens.
You are trying this young man, whose
life lies before you an open book. for
his life. and you can convict only on
evidence sufficient as TO remove all
reasonable doubt
We'll. my friend says that without
the active aid OF outside officials the
Commonwealth could not have made
the case as strong as 1t is. This case
is one that has been groomed, nursed
M Inn Inf al -, A
tect!ves They commenced work on
1t the morning after the murder.
They got into their heads a theory
which they have been moving heaven
and earth to support and sustain. In
stead of looking for the man describ-
ed by the accused they abandoned that
and turned every effort to work out
their theory and to stamp him as the
guilty man.
Worse Than Jealous Woman.
"I tell you that OF all the suspicious
men under Gods sun the detective
is the most suspicious. A jealous wo-
man is not in 1t with him. With them
trifles light as air are facts strong
as Holy Writ. Everything suspicious
is construed into evidence of guilt
That mob of detectives travelled not
In twos and threes. but in dozens to
establish the theory 1t pleased them to
adopt. They said first that they no.
ticed he didn't cry. That confirmed
them in the theory that he had done
the dastardly and brutal crlme-be-
cause he didn't weaken.
Don't you all know that the widow
who forgets her husband the quickest
and the widower who forEets his wife
the quickest are the ones who cry the
most at the funeral? Suppose he had
With
detectives; suppose he had been SO
overcome with emotion that, like Paul.
he could not talk. wouldn't they have
said that It wac put on. and wouldn't
they have said that they couldn't have
q better case?
When he came back to Tom Owens
that night he had q wound on his nose,
and Dr. Mann testified that he thought
at first that his nose was broken. and
Tom Owen testified that his face was
covered with blood. Dr. Mann sug-
gested that he take a bromide. but he
said that it was nothing; he didn't
care about that. But the detectives
noticed nothing to suggest that His
father came and saw him crying
greeting. he said. q Scotch word
softly and fondling his wife's shoe. I
am not going to insult the intelligence
of the Jury for a moment to doubt
that they believe everything the faith
er said was true. True. he testified
for his son. whom he loves better than
his life. That old Presbyterian elder
would march to the stake before he
would tell a falsehood, even for his
kith and kin. He loves. 7 doubt not,
that boy, with a love that surpasses
that of woman. as David loved his son
Absalom. He is not the man TO tell
felsehood for himself or any one
else.
Quotes Tom Owen.
That's not all. Tom Owen, for the
Commonwealth. said that when he
heard him coming down tho road. he
heard him crying out and sort OF
moaning. Ho said that he seemed to
be grieved and affected. as he natural
ly supposed he would be. and he said
that when he asked him about the
gun he answered with some confidence
that 1t was in the rear OF the auton,o :