Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1912-06-28

lis
"Yes. SIR
"Anv of their words or only their
voices"
81 heard one word
"What word"'
"The word 'Elwood."
"In which voice?'
"ln that of my sister Adelaide"
"And you fedY
Immediately"
Leaving your two sisters alone In
this cold and out Of the way house?'
II did not think they were alone"
"Who did you think was with themT'
81 have already mentioned the name"
"Yet you left them:'
eyes ] have already explained that.
| was engaged In q mean act. was
ashamed to be caught at 1t by Ade:
laide. / preferred fight. ! had no pre-
monition of tragedy-uny such tragedy
us afterward occurred. understood
neither of my sisters. and my thoughts
were only for myself"
Had not this younger sister even
enjoined secrecy upon sou in asking
you to harness the horse?
Yes, sir"
"Yet you heard the two together In
this remote building without surrrisef"
NO; must have felt surprise, but
didn't stop to analyze my feelings.
Afterward | turned it over In my
mind and tried to make something out
| Of the whole thing. but then l was far
out on the links. They were having 1t
| out, | thought. in the presence of the
man who had made all this trouble be-
tween them"
"And you left them to the task"
"Yes, sir, but not without struggle.
| I was minded several times to return.
This l have testified to before"
did this struggle consume forty
| minutes?"
ut must have, and more. If | entered
| the hotel in Cuthbert road at the hour
they state"
Mr. Fox gave up the game. and Mr..
Moffat rested his case.
There was no testimony offered in
rebuttal, and the court took a recess.
When it reassembled cast another
anxious glance around. Still no Car
mel nor any signs of Sweetwater.
could understand her absence. but not
| his, and it was in confusion OF feel
ing which gas fast getting the upper
| hand of me that l turned my atten-
| OF nd bn MI no
! about to make for his youthful client.
| felt sudden slow and creeping
chill seize and shake me. as l have
heard people say they experienced
when uttering thecommon expression.
"Some one is walking over my grave"
when l heard these words. delivered
/ in the slow and but slightly raised
tones with which Mr.. Moffat invari-
ably began his address:
MAY 1t please the court and gentle
men of the jury. my learned friend
of the prosecution has shown great dis.
| erection in that. 50 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 III one
whom you will probably hear describ'
ed as dissipated man. OF selfish tend
encies and hitherto unbrotherly quail
tiles is 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-
flicting interests represented by that
furtively passed note and the visit of
two girls instead of one to the Whis-
pering Pines. 1t was very convincing.
At the proper moment Mr.. Moffat said:
"Gentemen 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-
troyert. 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 telltale bottle discovered
portunity for crime given by the ac-
knowledged presence of the defendant
on or near the scene Of death.
But are these points so vital rs 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. Dare you, then. convict on this
point when, according to count, ten
other persons were seen to drop f1ow-
ers into this very place, any one Of
which might have carried this object
with 1t?
And the bit of broken bottle found
in or near the defendants own stable!
Is he to be convicted on the similarity
it offers to the one known to have
come from the clubhouse wine vault,
while reasonable doubt remains of
bis having been the hand which car
ried 1t there? No. Where there Is q
reasonable doubt no high minded jury
will convict, and l claim that my client
has made it plain that there is such a
reasonable doubt
My distinguished opponent would
have you believe that the defendant