The Calhoun chronicle. [volume] (Grantsville, W. Va.) 1883-1984, 1912-12-10

ously spiked the only cannon Of his
enemy.
The reporters at tho table paused a
moment with their pencils suspended
above their notebooks. This. then.
was the solution Of Masonic indifer-
CnCC. If the prisoner could not be
Identified as the Marquis Mazaccra,
he could not, of course. be convicted.
This was vital point-tho savage
battle for the prisoners life would be
lin now. They waited. fingers tight
oning on pencils, for the report OF the
opening gun Every glance in the
court room winged to Randolph Ma
son. II was on instant OF peculiar dro-
matte stress. Then it puffcd out.
Your honor" said Mason. "wc adj
nit the identity Of the Marquis Ma
zaccra.2
The Joy Of Mr.. Pagan could ont be
concealed; it sat glowing on his face
as lie got once moro to his feet. The
only gap in his evidence had been
bridsed for him. The road TO tho con-
viction OF his prisoner lay now unbro.
ken before him fin the sun.
'if your honor please he said, 'T
have proved the incidents Of the muir
der. the death Of tho victim. and the
circumstances attendant on The dying
declaration of the deceased. / wish
now to introduce that declaration, to
connect tho prisoner with this killing.
The Identity OF this prisoner with the
Marquis Mazaccra having bcon now
admitted, l t,ke it that TO people
have made their case"
Then, posing ON one foot. and rails.
ing his voice until it carried to the
haililfs at the door. he read the orlsl-
Aal statement of Tolman Perkins:
ct was that Italian, the Marquis
Mazaccra, who did Il. When l get
well, I viii kill him."
IL any one had been at that moment
observing closely the face of the pre-.
siding judge he would have noticed a
curious transition there, as of LIGHTS
swiftly changed behind the immobile
features. The Judge was an able and
conservative tricr Of causes, and made
1t point never to read any notices
Of q crime, nor to be advised in any
manner of public opinion, nor Of any
comment antedating the trial of the
prisoner He thus got his knowledge
Of the case solely from the evidence
produced before him on the trial.
May inquire, Mr.. Pagan" he said,
If you have any evidence further
than this declaration to offer for the
pooplo?"
NO, your honor" replied tho law.
yer This seems quite enough to es-
tablish the guilt OF the prisoner. The
people rest with It,"
The judge looked down at Randolph
Mason.
Has counsel for the prisoner any
thing TO say on the admissibnity Of
this evidence?"
NO" replied Mason, rising; q OBJ.
1ect merely TO its Introduction, and
move the court to direct verdict Of
not guilty. We have no evidence to
offer"
Mr.. Theodore Pagan arose then, but
toned his frock coat, thrust his right
hand into its breast, and delivered an
Grafton on n homicide. When Mr.. Fa.
gan returned finally. steamIng. to his
chair, the judge arose and addressed
the jury.
Gentlemen" he said, there is no
more difficult duty than that of pass
ing upon tho guilt or innocence OF one
charged with 2 crime; therefore the
law, out OF an intcrmiuabla experl.
once, has laid down certain definite
rules by which courts are 10 be gov
crned in the exercise of that duly.
These rules are SAID 10 DO the very
refinement of reason. They at least
insure certain order and certain
uniformity of result not otherwise At.
tainabie. They are rieid, accurately
determined and binding alike on AL
courts Of justice. It ~ certain that
now and then the obscr.lucc Of these
permits a guilty man to escape pun.
ishmeat But in the mean time, they
are the safeguards OF persons unjust.
ly accused and preserve the innocent
from passion, prejudice or q public
prccOnceptiOn OF guilt.
IN the case before you, evidence
has established the violent death Of
citizen, and the circumstances at
tendant on It; in fact, the perDetra-
ton of the highest crime under that
Of treason. IF, in addition thereto,
proper oyid zee should be presented
tending to c.nncct The prisoner with
that killing, gu would have the right,
under tho } ", 10 say whether he Is
guilty or ne guilty Of the crime. The
assistant q riot attorney offered the
statement or tho deceased, naming
tho Marquis Alazaccra Tho identity
Of ti3t person with the accused ia
admitted. This is tho ou1y testimony
offered "a that point ii ~ is admis-
siblc and proper, the guilt or limo.
cence ~ the accused WIN remain with
you TO be determined II not. 81 be.
comes my duty 90 take the case out
Of yotr hands and direct in ac4uiuaI.
a. general rule Of law. ono
spcal.pg against an accused must
FIRST bo sNuu, and an opportunity
Fivca for lis s-cyanina'ion, before
his ..a.omcli can be heard as evil.
ocuct; bet tEero ij au exception made
i'm Iatt certain class Of evidence com.
monty named dying declarations. that
i3, sta .we9is Gcrmane TO the Issue
MADE W. one about 10 die. Hero Tho
law assumes that q man i'm the immc.
dinio presence Of death viii not prob.
ably lio. and his statement IS admis.
sihlo os evidence, with tho usual pre-.
sumptlon OF truth fin It's favor. But.