Year: 1867

alone would have been sufficient to de
mand from him an explanation and t
cause a belief Of his guilt. Then, how
ever, he commenced an unparalleled
course Of deceit, which could only have
had its origin in desperately wicked
heart. Can this conduct be accounted fo
| by any circumstances attending the sepa
ration of the parties. We ask, "wha
did you with your wife 2" he answers il
the language of Cain, =" Am my brother:
keeper ?" and says we can't make hin
tell. Monstrous IF he was innocent, he
would gladly tell, whether obliged to dc
SO or not. .aa


Mr.. Young then reviewed the whole evi
dence as at the preliminary examination
and urged that the alibiha not been at al
established, and that even the first link
was wanting. He urged that it was unne-
cessary to lay such stress upon the where
abouts Of the accused during the previous
week, if it is certain, as is alleged, that
the murder was committed on or about the
26th. The defence there show the weak
side Of their case.


In closing, the commemorative Attor-
ney stated that the evidence of the prl-
soner's guilt was so conclusive that he had
only argued the question in Difference to
the remarks made by gentlemen upoE the
other side. He could imagine no hypo-
thesis consistent with the conduct and in
nocence of the accused. Every fact yet
learned pointed to him as the murderer OF
his wife. But the defence urge that the
prisoner may be freed, and allowed to as
sst in ferreting out the author of the crime.
The law plainly says that in case of
felony bail shall not be accepted, whatever
amount may be offered, and whoever the
prisoner may be- This court has opower
to do it, and should not for a moment con-
slider the motion.


The court desiring to conclude the case
without another days session, after
Mr.. Young's speech, announced through
the presiding justice that a recess of fit-
teen minutes would be taken; after which
the argument could be concluded.


After the recess Mr.. Johnson addressed
the court in an able and eloquent speech
in support Of his motion. He said that in
his own humble opinion the cause of his
client was not only defensible but impreg-
nablc. He hoped, therefore, that the





fort to prove the innocence of the accused,
but that bis guilt has not been established.
He was prepared to repeat the declaration
of his conscientious belief that no evil
dence, legal or logical, had yet been
brought before the court to prove the
crime upon the prisoner at the bar; and
would therefore endeavor, with all candor,
TO state the facts Of the case, and urge,
upon just grounds, the propriety of ad-
mitting him to bail. The reason for argyll
ing the question on & motion to bail was,
that under the statute the liberty Of the
court to grant bail is greater than its
liberty to discharge; for while the accused
may he sent on upon. suspicion, proof OF
guilt is required before bail can be refused
The counsel begged, therefore, that the
court would lift itself above vulgar preju-
dice and excitement, and consider only
the law and the facts in this important
case.


In reviewing the evidence, Mr.. Johnson
admitted the clandestnc marriage Of the
accused, and that this marriage had been
kept from the family of tho prisoner fron
want of moral courage on his part and 6
fear of incurring the displeasure of hi:
father and the modification Of This mother
and sisters. This could not be denied o.
justified.


The question to be considered, however
is simply this: Is there any evidence t.
prove that this man murdered his wife
I am here to declare that there is none
at all. If frequent misconduct, if decep
tion, if repeated fasehoods, prove the
crime, have nothing more to say. Bu
stripped of all eXtraneOus matter, [ an
prepared to show that there is not the
slightest foundation for this charge. You
must be satisfied beyond all REASONABLE
doubt that there is good cause to believe
the party guilty. This is the standard by
which this court is to be regulated.


If this party is guilty, to come right tc
the point, when and where did he commit
the deed? The accused was with hel
when she was last secn-a most remarka.
Bile circumstance-and since the evening
of the 18th of February she has not been
seen by any living mortal, so far as we can
ascertain. Here the curtain falls upon
Emily Phillips, and rising again on the
2Sth, only exposes her cold, dead body
The burden Of proof in every criminal
case is upon the Commonwealth, and she
has not been able, with al her efforts, to
say where this woman was killed, who
killed her, or under what circumstances
the foul deed was committed? Where is
she? The prosecution is bound to answer.
fla man isseen with his wife, and Il is moi
hnornthat they separated, and if her body
is afterward found, then he is responsible.
II. tbnc nrti not
on that eyentful Sabbath evening! This is
the essence of the case, and | appeal to
your common sense for reply. Is there
any doubt of it? You are asked to be.
lieve, not that they did separate, which
is proved, but that he took her on that
evening four miles into the country, with a
pistol seven times loaded, shot her once
beat her on the limbs and thighs, broke
her bones, and killed her by degrees, while
the deadly weapon was all the time in his
hand. Is this reasonable? If they did
separate, then he is as innocent Of this
crime as I am. That they did is unques.
tionable. At about 5 o'clock they were
on Franklin street near TWenty-second
and one hour after, or at dark, he was at
Mr.. Miles Phillips's, on Clay street. Surely
they must have separated; and this Ques,
ton of separation is the key that unlocks
the whole case-it is the prop upon which
the Commonwealth has built her charge
The separation is proved, and the prop i:
knocked away. We have proved it incon,
testably, proved it without an attempt o.
the prosecution to controvert it. They
were observed walking down Franklin
street on that Sunday afternoon; but
where and when were they ever atterrdrd'
seen together! Will the prosecution still
cry out: "What did he do with her p
after it is proved that they separated
Though as innocent as the angels il
Heaven, how could the prisoner account
for the woman? You will not allow hin