The weekly times-record. (Valley City, N.D.) 1912-1922, 1913-10-23
Circunstantial
Evidence
3, DAVID WALL TER CHURCH


Of y newly discovered mining dis
trict. ln It were three women and
four men. One Of the men had
young face. but was prematurely gray.
He kept his fellow passengers from BE-
coming dull BY telling stories and
otherwise amusing them. When the
coach reached relay he left It and
those he had entertained were sorry
to part with him.
The coach had not gone far on the
next relay before the passengers heard
pistol shots. and the body Of the driver
came tumbling down from the box.
Immediately uian with white hair
and whose face was concealed By
mask rode to the side Of the coach
where the passengers could see him and
ordered them to step out. line up and
disgorge. The order was obeyed by all
except one man, who. watching his
opportunity. struck the robber blow
on the cheek: the strings which tied
on bis mask were broken and it fell
to the ground. revealing face that
excited the establishment Of all.
In the robber they recognized their
fellow traveller who had but recently
parted from them.
He shot the man who had attacked
him, collected the valuables Of the pas
sengers and rode away. One Of the
men mounted to the box and drove to
the next reify.
The robbery was reported and de-
scription OF the robber given. A posse
was organ ized and secured the coun-
try round about. But they did not
have to go far to dnd their man. He
was found on the porch Of tavern
smoking a cigar. After looking at him
q moment the sheriff arrested him.
what do you want with me-" be
asked in real or pretended astonish-
ment.
You're wanted for the robbery of
the coach that was held up and the
murder Of two persons What's your
Nance"
Edward Livermore."
well. Livermore. If that's your
name. we're going to take you to the
county seat to be tried. Come along"
Livermore assured the men that they
were making a mistake. but they paid
no attention to what he said and took
him to Jail. He begged to have a
speedy trial since he was looking for
mining property and the mistake that
had been made was delaying him. His
request was granted partly because the
evidence of the other passengers Of
the coach in which he had travelled
was required and they were anxious
to 60 about their business.
At the trial every one Of them swore
that LivermOre was the r0bber and
murderer. Another thing against him
was that he had come to the tavern
on a horse the same color as the rob
Der had ridden when the coach was at
tackled. Livermore explained this by
saying that he had hired the horse
near the relay where he had left the
coach.
Not q person in the courtroom but
believed the prisoner and the robber
were the same person. He had but lit
tie evidence to give in his behalf, and
when 1t was in the public prosecutor
rested the case. The Judge instructed
the jury, which retired and in half an.
hour returned with verdict of guilty.
The Judge was about to pass sen
tence when man, who said be was a
barber. entered the courtroom and
asked I. 'n heard. He said that the
day 1T 9 the robbery a man. who
resembIed The accused. had entered his
shop to be shaved. During the shay
ing he had talked with the barber, who
told him that he had recently come
from the east with a remnant OF
stock, including some wigs The Gus
toner had purchased white one.
This testimony made an impression
on all in court except the judge. He
considered it for a few minutes. then
announced that he had decided not to
regard it Six fellow passengers Of
the prisoner had sworn that he was
the murderer. The story. Of the barber
was on its face cheap device on the
part Of some friend to save him. 1t
would not accord with the laws OF
evidence to regard it. conflicting as It
did with the testimony Of SO many dis
interested witnesses Of good character.
Livermore simply declared his inne-
cence. saying that the real robber had
bought the white wig for disguise
to help conceal his identity. The Wit
nesses had been deceived BY the SIM
ilarity in the appearance Of the two
men.
Having listened to this statement.
the Judge passed the sentence. con-
demning the convicted man to be hang
ed on certain date. He died protest
ing his innocence and predicting that
some day the real murderer would
turn up.
The murder and execution were FOL-
lowed by other robberies, apparently
by different persons. for no two were
dressed alike or looked alike, though.
being always masked. their faces were
never seen. Finally one Of them was
arrested and convicted. The evening
before he was swung off he confessed
that he had committed all these crimes