The Washington times., 1920-06-13

kind are notorious. SO notorious
that II Is indeed extremely impos'
sible that such an attractive small
object as = small bright key would
have been allowed to remain for
long undisturbed on the path. And
there are doubtless many other
birds and little animals In the
wood which would be liable to pick
Up and carry for short distance
such an object as that In fact.
the position of the key is. as evi.
dence, perfectly valueless, and !
will ask you to dismiss It from
your minds In respect OF any pos
sible bearing that II might be
claimed TO have on the case about
which you will shortly pass your
verdict.
"And then we have the state
ment, on the accused's own show
ing, that he left his place Of assig-
nation. left 1t without any further
attempt at seeing his lady love. at
$50, just half an hour after the
time appointed. Is that a probable
statement? Is 1t likely that a man
having hired a car and driven him
self all that way, between thirty
and forty miles, should go back
again without granting the lady
longer than thirty minutes lee
way? The idea is preposterous.
what then will the defence ask
you to- believe? ! suppose they
will admit that Lady Carlton Is
dead, and that she was done to
death by someone. Whom then
will they assert to be the guilty
person, or how was the death per.
petrated. IL not In the manner
am suggesting to you? Is II the
idea that the lady, after such long
delay. for which no motive or rea-
son whatever can be suggested, did
eventually come out after her
lover so strangely, easily wearied
Of his watch. had gone away? And
what then? Will 1t be presented
to you as a reasonable proposition
that some tramp or casual person
hidden in the bushes murdered
her? Then, II that be so, l would
have you ask yourselves, For what
purpose? Not a ring or trinket
was taken from the lady's person.
Obviously that Is not TIE way In
which the murder was committed.
should run on to far too
ofh chntt1I hn Ont1fv
of much tedious repetition IL
were to record all the points. or
anything like all, raised by the
counsel for the Crown and argued
as it was his professed business to
argue them. The above seem to
me, according to the best Of my
recollection, to be the principal
ones.
He concluded with brief disser-
tation to the jury on the character
of circumstantial evidence, admit
ting that in this case the evidence
was purely Of what Is called the
circumstantial nature, but adding
that it was nearly impossible that
it should be Of. any other kind, that
this was the evidence on which con-
victions were obtained In the large
majority Of cases of homicide, and
that to deny the CONTINGENCIES OF
such circumstantial evidence as he
had been able to produce in the
present case would be virtually
equivalent to an assertion that no
circumstantial evidence whatever
could form the ground of convic-
tion.
Probably to most persons who
are not accustomed to hear plead
ings in court the side of any case
which is first presented appears
absolutely conclusive, when argued
by a skilful advocate, and will con-
tinue to appear so until the argu.
ment on the other side is brought
forward. For my own part, listen.
ing to this indictment OF the
wretched man who had so often
been a guest at Qnr table, it seemed
to me that there was no possible
loophole of escape for him, that the
halter was as good as round his
neck already, and a glance at his
own despairing face assured me
that this was his own conviction
also.
And then the counsel for the de-
fence arose, and | could not but
feel momentary pity for him also,
that he should have to appear in
cause so hopeless. He called no
witnesses. | understand that II he
had oone so 1t would have given
counsel for the prosecution a right
to reply and Of the last word, al
ways except for the judges sum-
ming up with the jury.
| could hardly conceive that he
would have a word to say, and
had looked to see the hopelessness
Of 1t all EXPIRE ssed on his face like
wise, and to hear 1t in his voice as,
for mere forms sake, he endeav-
ored to stammer out some lame
words. Somehow | could hardly
bring myself to feel vengeful
toward that poor tortured wretch
in the dock, no matter how black
his crimes were. glanced at
ITOrlp Ralph IN COO uvb tbar 7 rOnld