The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1913-09-23
Clrcunstantial
Evidence
BY DAVID WALTER CHURCH

the ROCKY mountains In the region
Of a newly discovered mining dis
trict In 1t were three women and
four men. One of the men had a
young face, but was prematurely gray.
He kept his fellow passengers from be-
coming dull by telling stories anA
| otherwise amusing them. When the
coach reached a relay he left 1t 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 boz.
Immediately a man 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
aisgorge. The order was obeyed by all
except one man. who, watching his
opportunity, struck the robber a blow
on the cheek; the strings which tied
on his mask were broken and It fell
to the ground, revealing a face that
excited the astonishment 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 boz and drove to
the next relay.
The robbery was reported and de-
scription of the robber given. posse
was organized and secured the coun-
try round about But they did not
have to go far to find their man. He
was found on the porch Of tavern
smoking a cigar. After looking at him
a moment the sheriff arrested him.
what do you want with meP he
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
nameY
edward Livermore"
! "Well, Livermore, IL that's your
name, we're going to take you to the
J 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 q
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 go about their business.
At the trial every one of them swore
, that Livermore was the robber 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 a person in the courtroom but
, believed the prisoner and the robber
were the same person. He had but 1T
tie evidence to give in his behalf, and
when it 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 a man, who said he was a
barber, entered the courtroom and
asked to be heard. He said that the
day before the robbery a man, whe
resembled the accused, had entered hiD
shop to be shaved. During the shaw
ing he had talked with the barber, who
told him that he had recently come
from the east with remnant OF a
stock, including some wigs. The GUS
toner had purchased white one.
This testimony made an impression
on all in court except the judge. He
l considered it for 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 a cheap device on the
part of some friend to save him. It
would not accord with the laws of
evidence to regard it, conflicting as it
: did with the testimony of so many dis
t interested witnesses of good character.
S Livermore simply declared his innO-
r bought the white wig for a disguise
, to help conceal his identity. The wit
d nesses had been deceived by the sim
t ilarity in the appearance Of the two
u men.
Having listened to this statement,
Il the judge passed the sentence, coA'
r demning the convicted man 10 be hang
d ed on certain date. He died protest
: ing his innocence and predicting that
e some day the real murderer would
q 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
r never seen. Finally one of them was
e arrested and convicted. The evening
I before he was swung off he confessed
-.