Year: 1867




the fact that at the beginning OF this trial great
stress was put upon the matter of time, as ap-
piled to the details of the case. The witnesses
we're excluded from the courtroom to prevent
the possibility of any one of them being mised
as to time by hearing the statement of another
witness, and thus being led to speak of CIR
cumstance occurring at one time which really
occurred at another time This safeguard has
been thrown around the prisoner. We were
told, as have just said, that an essential ele-
ment of the case would be the DISCRIMINATION as
to time in the arrangement of the details. To
enable witness to fix the exact hour at which
a certain event happened, 1t is essential that at
the time referred to there existed an association
of ideas between the hour and the event.


/ can better explain to you what mean by
referring to the evidence Of Alice Holden. She
says she saw Gottleib Williams al fifteen minu tes
past seven o'clock going up Williams court,
an6Ashe fixes this time because she was sitting
at the window waiting for person. The APP
pointed time was seven O'CLOCK and she had
watched and waited about fifteen minutes ior
that person when she saw Williams go up the
court. She had been in bed sick for three
months before this day. Now, gentlemen, you
see that her seeing Williams was associated
with her being at the window, and her being at
the window associated with the hour of seven
O'Clock, at which time she took her seat there
watching for the person whom she expected.


1t is, say, almost impossible for any one to
speak definitely as to the time OF a transaction
or incident (particularly when, as in this case,
lengthy interval has elapsed), unless there
was something at the time of the occurrence
testified of to associate it with some particular
hour of the day.


One who has an appointment at specified
hour seeks the place of meeting, looks at his
watch and awaits the appointed hour, and if
the appointment is not punctually observed by
the other party, he chates at the delay, and
anxiously counts the minutes. In contin-
gency of that character, the attention of no
witne except that of Alice Holden had been
particularly fixed or associated with any spec1-
fed time on the morning of this occurrence, and
therefore they give their Impressions, and not
their distinct and DOSitiVe recollection and
knowledge, as she did.


There was a witness called by the defendant
who spoke quite as positively as Alice Holden
in reference to time, but his memory of seeing
Gottleib Williams was not based upon any asso-
citation with any appointment. He recollects
the hour because he saw it indicated on the dial
of his clock; he saw the very pendulum of the
clock in motion. He is so certain and partlcu-
lar that you will be likely to distrust his whole
statement, especially when you remember that
other Witnesses testified to seeing Williams
about that same hour at considerable distance
| from the place where this witness says he saw
| him. t.aa


Now, upon this question of time, gentlemen,
| | wish to say that do not pretend to be able to


show at what precise time the incidents which


l shall relate to you transpired-l do not pre-


tend to doit. 1t is necessary Tor me, however, to


state at about what time 1 really believe, from


the evidence, this murder was committed; and


fix it in the neighborhood OF half-past O'Clock,
| probably about twenty or twenty-five minutes


after Ia little before or little after If you





is no occasion for me to detail to you the evidence


upon this point. You have the testimony that


at halt-past 6 O'Clock, or between that and Z


about that time-the sister left the house. The


deceased was then still sitting at the breakfast


table.


We find that after finishing her breakfast she


had washed and wiped the dishes and placed
| them upon the cupboard, put down the table


leaf, and replaced and arranged the cloth upon


the table; had put the chairs IN their proper
| places; the dish pan containing the dsh-Water,
| with the dish-cloth in it, was upon the stove: (:
] her sun bonnet, that she usually put upon her
[ head when she went out into the yard, had been
| consumed in these avocations we cannot tell
| precisely, but she must have been occupied in


them until after seven o'clock. In all proba-


bility she was about 10 step to the door to throw


the dish-water out when the intruder appeared
| and interrupted her work.


1t was after o'clock when the neighbors in
| the house next door, who we're seated at their
| table, heard the screams that were evidently
| uttered by Mrs. Miller in the extremity of her
| distress. Those IN the court also speak of the
| screams being heard little after O'Clock.
| This murder, then, was committed after
| O'Clock, and we think we will show you beyond


all doubt not after halfpast O'Clock.


| Now, gentlemen, the man who went into that
! house and committed that murder, must have


been animated by desire for plunder; you
| cannot conceive of any other motive. Mrs.


Miller had no enemies. She was advanced in
| lite, being nearly sixty years of age. She was
not connected with the auimosities of everyday
| iihe, puS Weub aoout uolng gOou ana dispensing
| her charity. All who knew her were her
friends, and she had not an enemy in the
world. Her husband is respectable citizen,
an excellent good man, one who holds himself
aloof from all excitement, and one not likely
to make enemies. But this peaceful and happy
household is ruthlessly invaded this woman is
slaughtered in cold blood; and there could be
no earthly reason for the deed but the hope of
plunder, for it was known that there was a
small amount OF money in the house. The
circumstances of this family were known to but
lew, put Oottlelb Williams was among that
few. This murder, then, was committed for
plunder, and think that a careful considera-
tion OF the evidence will satisfy you exactly
how 1t was done, You will remember that the


bonnet of the deceased was upon the table. Il
In all probability she put the bonnet on her


head, intending to go out into the yard, to take


the dishpan and throw the dsh.wSter out, and
! then come in-n all probability she had the
! bonnet in her hand, and was about to do that
| when the intruder entered the house. What did
| Mrs. Miller very naturally dol Why, she put
her bonnet down upon the table where it was
| Afterwards seen. Her bonnet was not upon that


table when they were eating. When the back
| door was opened, and the man, whoever he was


came in, what would she naturally dor She
| would put her bonnet down on the table, and


take a chair and place 1t for him to sit down;


and we hnd that In front OF that table, which Is


on the east side of the room, chair is placed


with its back to the table, as if placed for come


one TO cit upon. Then this intruder put his hat
| upon the table and sat down, remaining there.


talking do not know how long. III he came


there at ten minutes after seven, he remained


there till twenty-five minutes after seven, when


this bloody deed was done. and then left by the
| front way, for no man or being was seen to 90
| out the back way after these screams we're
| heard. Now, gentlemen, he was there sitting in
| the chair, and Mrs. Miller NAV have


stood oyer oy the stand, while this
ms Wuh hA