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Democratic Standard (Newspaper) - July 11, 1855, Janesville, WisconsinThe Standard. Hawesville wis. Wednesday 18ss. A c b r o w hot. Mayberry for the majr. Alter. And his exec mow an infuriated mob. Diavid f. Maybe inv for the murder of a Sdee Walker of Jefferson county in this state has ended the evidence in the Case was closed of yesterday afternoon and after the arguments of counsel and the retired to their room about 6 o clock when after an absence of some fifteen minutes the returned into court with a verdict of guilty 1 during tie whole of this trial and in truth from the Day discovery of the body of murdered Man up to the termination of the trial much prevailed in the Spiri Mummy. It was not of that kind How exhibited itself in threats of against the prisoner for All seemed de he should receive a fair and in partial trial. But sense of the pub Lic was shocked at the enormity of the crime sad the cold blooded. And heartless atrocity which characterised its a feel ing deeper than that of it diary excitement of the minds the progress., of the House a Linhof Teton will suffer in of the when known should shield it the murdered was a craftsman e was we known to Al who follow this Ocon to them or and was admired and n respected by them All his was Noa jes Erso i in Jefferson co m i friends Werd aware of the enormity of the As they supposed the Inadequacy of the punishment which our Laws provide a .80 foul a crime they assembled in her to await the Issue of the during its p Giess no More than common excitement a perceptible. Bat last evening after the ver diet of was known the deep seated determined feeling to visit Pun Ishmer upon the head of the prisoner exhibited it Sale and to Day an organized band of not less than three Hundred were who would not be satisfied save with the life blood of the murderer. To say this upon the authority of o hers and upon our him belief about 1 o c of pfc signal gun were fired in the City and Thorp doubt a Large distance were present from Early Day whom to influence or Persua Sion could have changed from their purpose the excitable and the impulsive of our City joined Thorn and Hare been Bro t about to Day which were undreamed of yesterday. A but after the verdict of was known Public indignation Jurat out and Evi Dent of an intent on the part of the people without court House to take the administration of Justice in their own hands became apparent. Between eight Hundred a thousand people were assembled on the Whan the officers appeared with the prisoner a Rush was made for a noose was thrown by some one Over his neck but by a dexterous movement of his right hand it was cast off and caught by one of the officers when prisoner and crowd rushed upon the full run to the jail. The door of the Jair was immediately closed and the officers stationed themselves at its front. Speeches were made by messes. Noo Olk Ely and others against but with Little apparent effect. From 7 o clock until 1 1 last eight demonstrations were made of an intent to break. The jail and bring out the prisoner but no serious attempt was made. This morning at 8 o clock the prisoner was from the jail to the court House a distance of about ten rods for the purpose of receiving his sentence. A larger concourse of people was assembled inside and out of the _ court House than were present last evening and the most intense exit moment prevailed we give in another column the sentence As pronounced by his Honor judge door title. His but we have extended article to a very great length close by expressing our pro transpired in our City inf with the attest Hope thit-.wo7iuay. Never see such a . Reported for the circuit Juit 10, 1855. Judge Doolittle presiding. State or Wisconsin indicted for the David f. Mayberry i Tondi Murat of an Alger. Remarks prior to its pronunciation were of the most affecting character and calculated to produce an impression upon the mind of the hardened criminal but the face of the prisoner during its delivery was As emotion Leas and impassible As Dull. Grey Eye was fixed upon the face of the judge during its no indication of feel. Ing other than that of listening to a pleasant Story of which he himself was the hero. As we looked upon him we could not help exclaiming what a humanity is such a face we a informed and repossessing of we have never looked Oneri viewed closely and t4ken in connexion pronounced a special of our citizens was sum in re Abri dieting the prisoner to jail. In the meantime the a. Crowd without and becoming More furious in their clamors for the prisoner. Judge Doolittle came to the portico and made a very impressive address to the popu. Lace the spirit which teemed to actuate them and in favor of the supremacy of the Laws. He was listened too respectfully and at this Jiin Conre a Mord it spirit seemed to prevail this was about o clock a. M. About 1 o clock the crowd thinned out and the officers deemed it a fit Ting time to proceed with the prisoner to the jail at this hour we were sitting in our office which is a but a Short distance from and com mands a View of the jail and most of the we were then startled by. The cry of hang him hang him on stepping to the window to saw the officers and prisoner coming towards the jail surrounded by the infuriated mob. A Rush Mado for the jail the door of which was barricaded at once by Tho crowd and the approach of the officers off. The resist in. The populace the Energy they possessed. And protecting the prisoner to Tho utmost of their borne Down and Over pow erod. The prisoner was Tho n almost alone he defended himself with super human strength. To fought with Tho utmost Despe possessing a most athletic physical Frame for some ten Yards the crowd fell like chaff before him. A blow a bludgeon from behind felled him to the ground and he was pow Cerlesi. A was at 8 o clock this the prisoner was brought into court. M. Loop esq., of Rockford 111., appeared As his counsel. G. B. Ely District attorney and d. , appeared for the Cound for the prisoner made a formal Challenge of the array of jurors. The following jurors were then took their seats _ go. Patchen Lori St. John w. Sctott and e. A. Howind sworn As to their qualifications to sit As jurors Hon land excused. Or. Ely then he consid ered the Rule to be in making challenges and kind of a horse he had i asked him he got the horse i told i go he said he got him of i asked him his name he a know he said he got in w one mile from Janesville towards Milton he said he liquor he said he struck cached the line to the Woods about ten r got into the Woods prisoner him with a Hatchet 3 or 4 t kicked him out of the buggy went Back and got the where he first struck him Maine with the body one Hoar and prisoner said he strip from his pocket three watches one knife ardred and Bank notes he took the horse and found the horse and buggy Down the River from my House the horse and buggy Are Here in the City prisoner said he went blown into a hollow and killed Alger and left him lying on his Back said he killed him with a Hatchet struck him three times of the head said he bought the Hatchet be cause he. Thought his knife would not be sufficient went to the buggy and found arid identified by. Witness to my House or. Taylor and Mil Ler came into the House after he was a and see. He had tilled a Man sked him and Janesville said he asked r irn i would ride told wished. To. On a Lumberman rope up and on the Aid he did he got his clothes and his a prey said i nth him old Man said Good lord 3 times on Tho told i Ira to shut his Damn s gave him he would Cut his stabbed him the from him about 3 and drove the 15th. Says he remembered ods after Mayberry to see said he the papers that it Vas Dene on the Imes and killed him with the Litchet Gay and Hatchet in Janesville said he left prisoner s about ten rods from the Road he said he shoes and Over alls shown arc Monr and a by Mayberry. He Pis c his body Ladden going into Ket books think he knew him. Tit. Examines piers one thinks it the bought of 1 notes and Avi thess gave it to or Coo. Old pieces at another watch thinks it one ars in All Mayberry. Mayberry showed me p he had it was in a blocking Shower my rent if of twin adjourned until s o clock to mor prisoner was brought into court great excitement prevailed he aped Cool and collected he had fest cd the utmost coolness throughout Day Revius exhibiting a heedless reprice of All that was going on. Reside in Janes am a clerk in the store of m. C. Saw the prisoner on the 16th o Une last he came into the store about the evening and wanted to buy a suit of clothes said he resided a Benoit said he was going to Milton clothes shown to witness the same 1 o prisoner. Is had never seen the that i identified the prisoner As soon As i saw him. I recognised him Froin his general appearance As id any other Man i saw him the next after his arrest in jail i generally re Cross examined. Saw him come from a Ponize customers when i see them toward Rockford about noon father was to. Mclntyre reside in the barn Jinol the conversation in the Slanesville Tho store of m. C. Smith could not Tel Hiow Long lie was in. Saw the prisoner on the evening of Thel Atli the House showed me some Money a id if Juns last in the he came n to he had harnessed a Pinery Man clothing he traded with he killed him. Dawn in or not told the rested we went to the buggy again and i horse and Biggy. Down in the Woods Jot the Hatchet the same one presented went Down in the woodsy he look s knife in court Brown took the Hatchet and the sheriff took the knife saw the knife out of his Don t know whether he took the knife or not the old Man s hat was found also prisoner had the hat on his head when found s the hat in this court. Cross examined by or. Loop was Mayberry from the Ime he first came to your House until you had the conversation with him in the Gar Den were at the House after supper we went Down the river30or40rods to the Aid House he wanted Meta go and see the orae and buggy i told him thai i did not ant go that i must go and get my cited the Case of the state is. Spencer a j cows after i got my cows. I went Home Brinski s a p. 197. Position Wasp by or. Loop and held by the court not to be Good Law. Isaac fish was then called sworn As to Moses Palmer James hut Sou or. Randall and or. Grovestein called arid examined As to qualifications Grovestein and Lutson excused Palmer admitted. I. M. Norton called and excused. Daniel. 0. Raynier John Alexander Geo. Ii. Stafford r. U. Pierce. L. Comstock called and excused. C. M. Mosser called resides at has Hoard this matter talked about a great Deal by men in be Loit but never heard it from any one i had any Confidence e. S. Cap Mayberry was not there soon Mayberry came it was Quito dark we went where the horse was we talked about the Way Down there he told immediately after supper at the old House All Ling Alger i saw the Fiat Chat that night and Laid my hand on it i cannot Tell what induced him to Tell me about Tea o clock that night i first discovered that mayor by was drunk i have not told any one that Mayberry was drunk when i first saw him. You not say to some persons when you came Here to look for the body that Mayberry was beastly drunk 1 cannot say i do not think i said to b. Plato that he was drunk and that out of a stump asked i inv whore h q got it said he killed a Man. Said by the prisoner on i Hoerning Puthe 16tl Cross did not Isk the Pris Oner where he lived Allen asked him a hero he lived and he said to lived at be Smallman thinks the shoes shown Are i generally recognise customers who the shoes Mayberry Fonn d in the Waggon the stocking looks like the Sama showed Rue what there was in it there was gel if in it bought the watch of him went into the Woods told me he got the watch from a Man i did not know that he took it murdered Man until i went to the Woods the horse Rind buggy was about three quarters of a mile from tray direction from saw father Trade at our store. Or. R. A treat that to at tended the postmortem examination of the deceased on the 18th of june deceased had but Little clothing on at the time there were several wounds on the head they bore the a Panmee of having Bee a inflicted with a Blunt instrument Skull was broken in several the House Down the River that being a shown to the on the head wore produced with an instr and Mayberry in the Garden Atout 45b i Smilar there were one or two cuts clock Erastus was at our Hou so Day saw him in conversation with Berry i told father about Mayberry s Kil ing the Man did not Tell my on the Hea d through which the brains Hac several cuts were found on the Buck Ziade to Villi a smoother instrument Likely a knife those wounds must have you sell any Hatchet to any one on the loth or 16th of june objected says that there is nothing about the Hatchet by can identify it it is similar to hatchets we have to sell in Bur store i recollect o Selling a. Hatchet to some one. A stranger about that but cannot identify the prisoner As being the person prisoner was ordered to stand up so that witness could View him does not recollect him. Charges Bell pc Nealger last saw. Him in Jefferson first part of june a was about going Down tha River with Lum Ber i have have this knife or a very i know Tho coat it was Algers or Quail son i knew Al Ger at Jefferson thinks this is Thi knife of the deceased. S. Knew a Alger i bought some lumber of Alger. And Settle with him on Tho 16th of june i let him have a watch identified the watch in Cour As the one i let him have him have i horse and buggy the buggy was at my the horse was out to Camp Bells and i went out with Alger and go the him have a Check on the Bank at Boholt identified. The. Horse am the Onalle thira have to Star Tec by of Janes Ville slatted about noon the Check i gave him was. For 0. Knew a. Algor i on the Tetli at. Beloit Whert told or. Campbell and or. Cod i we Jive i produced Bosforo death for the reason Ron and trias Story filled and excused j that was the reason he made the confession Geo Sherman and f. A. Humphrey called Samuel Cadwallad recalled then passed round his neck seized crowd and a Rush made Down courts. The the Iiri Soner though dragging in the dust caught r the rope with his h ands and thus prevented at angulation at arrived in front of our office a desperate Effort was again made by the officers Rescue him. Be was Cut three times by or. Orrin most determined bravery Bel Ralf. But As Paton was he rope re and jilted. Athis Tinie a scene indescribable was exhibited of Between three and four thousand Parsons swayed to and fro. Centre was the doomed prisoner lying upon the above him stood. Friend struggling for hit while a Fer Grater were Iii tent upon his this state of thing i lasted about ten and As we looked from our window Tho Hope that the friends of Law and order might but it. Was a Tain Hope. The fearful cry of hang Rose louder thaa before and a Rush with the Pricener was Madei to the of Trees on Public Square re adjusted upon thrown Over Tho limb of a tree and for Tho first time in our life the horrible spectacle of a human being hang was dead met our we Haye thus endeavoured to give a faint but truthful history of terrible events of this Day. T7e have witnessed i scene which god Grant we May never Aee again. It was a which to be appreciated must be men Bat once Sean can never be forgot i which attended the Murd of Alger were of Tho most Algrava Tad kind. It was and atrocious deed. It is by a single it Tagore Mircu Mirance but these facts do not Justin the course hat been adopted to Day. It will be heralded throughout the country Ai an of mob Tomt which prevails Here and will be an Ines Isable blot upon the Escutcheon of our Young City whose Rapu being Tho usual estered to . A the names of witnesses on the part of the state was Cal also those intending to be called by the defence. Ordered to remain in the grand jury room until called for. Or. Loop called the attention of the court to the fact that the counsel appointed to As Sist in the defence was absent and requested that a. Hyatt Smith esq., might be appointed to Tafee his place. Or. Smite accepted the took his seat As assistant counsel for the prisoner.-. Cause was then opened to by the District making a Brief state ment of what to expected the proof would be. Loop made a statement of the grounds of defense. John g. M comb sworn As a witness. 1 know the prisoner i reside at Rockford i saw Mayberry on the tuesday before the 16th of june he came to my House on the sunday before. Became from Alton he been Coo Pering of Rockford he took some Money with him when he left i do not know How much he had i think he left his Satchel with his clothes at my House and had no other clothes with him he started for Janesville from my House i next saw him on the following the time he left dist. Att y offered to prove the declarations of the prisoner or Loop asked the witness As to the condition of the prisoner when he returned Frorup Janesville witness thought that Mayberry was slightly intoxicated after appeared i asked prisoner questions which induced him to make the declarations not offer him Protection Mayberry quite drunk or. Weatherby was at buy House at to time and or. Cole also i did not no Tice that the conduct of Mayberry was differ Enthen i. First saw Kim than what it usually is or. Loop. Then if feral t p Call other witnesses to show tile condition of my Berry a the e time he atty opposed it. Or. Loop then spoke at length in support of his proposition contending that the confessions of the prisoner were not free and voluntary that prisoner was drunk and had not the full volition of his will. Or. Ely court held the question under advisement until the com ing in of the court in the afternoon. Court took a recess until 2 o clock afternoon session. Or. Ely presented authority 7th carring ton and Paine 187, in support of the Posi in resisting the objection of or. Loop to showing the declarations of s or. Loop resisting court thought the matter to be commented upon in summing up the cause to to say weight should to it. , m comb was recalled to the stand. Between 4 and 5 o clock i had. My first conversation with Mayberry he arrived. At my place Between 2 and 3 o clock about o o clock Siw him in my Garden he had a handful of papers in his hand he said he was going to Burn asked him where he got them he said of a Lumberman he then took front his pocket a sock and Shook it saying not know what it witness identified the sock presented to him. As the one prisoner showed Pirn be wanted me to go Down to there was nothing talked about until we got to the old House i do not think that Mayberry was beastly i Don t drunk. Cau Selof . Marliave told Many persons that got him drunk we May both have been drunk but found my Way Home i have been in the habit of travelling Over the ground More or less for the last year think this is the Howiand to whom i delivered the horse. Reexamined by or. Ely. I had not drank much and was not drunk.1 Cross examined. I saw Mayberry have some Twenty Dollar Gold pieces one of them i let Mayberry have i Don t know How much Money Mayberry had 1 let him have thirty six to make it up sixty four dollars i think the five 20 Dollar pieces Are Trio ones i let him have. You say to Plato when asked How it happened that Mayberry was such a fool As to make such an admission that you answered that he was drunk can t say whether i did or not. I May and May not have said so the s20 Gold piece i recognize it Haling been done up in a certain piece of paper. E. A. Rowland m comb placed in my hands a horse dark horse and a buggy i showed the horse to or. Peck. Erastus m comb became acquainted with Mayberry three or four weeks before he left in the morning on tuesday he Camo Back on the following. Sunday i saw him when he returned 1 should not consider him drunk i asked him what Luck he had on his voyage he said very Good he pulled off the hat he had on his head Anci said you can see by that what Luck i have had 1 killed a Man for it i asked if that was All he got he said no he pulled out five Gold pieces i asked him if he killed him for that j he said no he then pulled out a stocking with notes in it tasked him if that a i All lie got he said no he then took out his Wallet i asked him if he got he said yes i asked him what his name was said to did not ask him his name i then asked what kind of a Man Down to the horse and buggy did not to to the River that Day with aria body but Mayberry i did not Call my Berry drunk jut think he had been drinking. Became More drink during the Day. Showed Litiby Lis look and talk. John p. Taylor the defendant Mayberry in dec. Last on tile 17th june Jomo Man came to inv House told me that Lla Berry had inf Man got a warrant for his arrest. Went to the. House of Mccomb he the Woods i went in the until he came Froin Tho Woods clock went into Tho Tad a warrant for him and put the in Orion him told or. Miller to search his pock ets the things taken Fram were me took from his pockets books 55176 in a his pockets the knife was found in the pockets of. Somo of tie after searching his pockets i told them to brine Forward his these pants we re in his them some oho of or. M coins s family or or. Brown s family brought these pants me since that they belonged to m a comb prisoner paid the Money was that the red Wallet he never saw until i showed it to him i m co Iii s unlit the that Tho blood had coagulated in and about the wounds which would not have been the Case if it had Ben Dona after death uness it had been immediately after wit Ness thought tha knife shown him May have been the instrument by which the wounds Wero produced examined the knife and thought he found blood stains on it and also on the Hatchet. Charles h. Conral that he resides in Janesville is a grocer know Andrew Alger have known him for the last 12 or 14 years i saw the body on the 18th at the court Loase on drs. Treat Robinson and others were holding a postmortem examination body of Andrew a Ger he lived at Juffer son time of his death. _ Cross recognised the body to be Algar s. From the appearance of his i should live known the body in tse stat e it was in if i had seen it in. New York there were Somo peculiarities about tha face by which t should have known him i have sometimes been mistaken in men. But not often i diet the son of Alger in this and knew him from his father s appear Ance. V e. G. Ifield testified that he know Andrew Alger has known him for sometime saw him the Sau Mlay before horse and buggy came at least they told Llis was into this City h. Me it had com i did not see he claimed the shoes being his these clothes were brought Forward Loose the first i saw of the Hatchet was when Brown showed.1t to me. Henry Brown. Reside at Rock Ford and am attorney forthe District of Winnebago several of us went Down to m going s for the purpose of arresting play Berry he and m comb shortly came in sheriff said to that he Lead a warrant for him Taylor sheriff ordered us to secure him he took from his pocket a sock i took from his pocket a Bopko a Book was shown witness this is the be. A watch was shown witness says that he saw the watch in the Possession of the sheriff tha next evening a went Down to the old House m Gombs some difficulty in finding it we found a pair of shoes these arc the found them in the buggy the question he was he said to was a Pinero Bug. Said he killed him Between Janesville and Mil ton with a weapon he had i asked him where it was he sad it was in the buggy in the Woods he then showed a knife and said he finished him with that it old cuts s knife i him whats done with the Man he said he left him in the Brush he showed me two the knife pocket Book and stocking this was about 2 o clock in the afternoon. Have known May Berry s or 4 weeks i have been in the habit of visiting my father s every Dav live close by i am Tho son of John go m comb when i asked him what kind of Luck be had had i supposed he had been stealing a bases i had some conversation with him before about stealing1 horses i have never been engaged in that business myself if i had i have sense Steep it to myself i did not notice that he was intoxicated that night i bras not in the House at the time he was arrested. Direct Wasin Minnesota last Winter i returned in May or june. Or. Howiand shown to sir peek the horse he has one White Hind foot. Halsey m comb at Home have seen the deft last before Ais fathers s the Juno i had a conversation with said he a i been to Janeri Teand was asked Mayberry where he got the Money he Saij he earned it t cannot state whether he had the hat on o r not i was not present when Mayberry was asked to select the clothes i cams Here in search of Tho body some three or four Miles North of this we soon found. Blood on the ground after a Little further search we found the body it Lay on the Back with to Throat Cut from ear to. Ear he Large stabs in the left Side one struck against the rib he had on a flannel shirt which was rolled Tiptn the breast pair of drawers n Early torn off three wounds in the head from which his brains protruded. Gross examined. We had him Leinov. De and brought Dowie to m comb Constable and or Miller were there. We. I reside in Harmony i was called non by hos Kina to look for the Osthof june Hoskins John Young and others were their we found the body on the East was going Down the River with a raft of Square Timber and Calle d on his saturday he had a pretty Good hat for him thinks it was the one shown in t cannot Ide Reify the other clothing saw the body when it was brought in recognised it As being Thi body of Andrew Al Ger have known him for the last ten years am certain it was the body of Ai Ger. Cross was nothing very Peculiar about his face the last time i saw him he had rather a queer Beard on the Chin whatever they Call or. Lane suggested that it was a Garitee i am quite sure it was the body of Alger the body was somewhat mutilated i think i j Shou hive known the body if i had found it in the Woods anywhere Alger should raise up Here in the court room should you think it was him match knowing that to was he he Cal led on and i could not let him lie then went to Mur Ray and then returned to me Aud asked me it would endorse a note so that to could gut the Money at the Bank on his tha called upon me and i the Bank to take up his paid the note he called on me to Settle Alger spoke about Selling some in the he started away from me and directly returned and took me one sideband took from his pocket a port Mon Naie. Saying to me i want you to take this and keep it to night said he was afraid of neing robbed he had not slept much the night before and fearful some one we d take from his pocket. I asked him if he mistrusted any one he said he did not any body in particular said several had been watching were five Gold pieces in the port Minnaie i gave it Back to him about 9 o clock the next morning this was on the 16lh of june identified the port Minnaie in court As the Ono Al Ger had. J. G. Taylor recalled and identifies he Money As the Money i from the prisoner. R. E. Hyser am a merchant tailor in Beloit i sold a coat to Ai Alger. Bathe Lgth of june it was a Linen coat that i had made for another Man it was a Peculiar kind of a witness wished to describe the coat before seeing he de scribed the coat exactly and the coat w As shown him says this is the i sold Al and that to wore it away identified other clothes As being the clothes Al Ger had on he came into our store this port Minnaie and the Money in resembles that he had at the time.-. -1.j. Came from fort at june last the. The John comb or. Allen the showed Allen the a Post Here in is the Horsa Mayberry brought to my Honse and the one i delivered or Howland this testimony objected to by Deffke a coins eel court held it to he competent to show that Tho buggy pointed out 1 by blackmail was the same witness delivered to How land. Mrs. Tibbs in Janeville saw the prisoner he came1 to my House wednesday before the murder on thurs Day he came again and staid ail night on Friday raining he said he lived at. Rock Ford he left Ray House about 8 o clock on Friday morning j did not see him again lev Rexford in Beloit have seen defendant i saw him on Friday evening three weeks ago last Fri Day he was a Little this Side of Beloit. Lie went Home with Ine and staid All night he had a Hatchet with him thinks this is the Hatchet Cross i had been towards Janes Villa and. Was going Home when he took me he was on. Foot to staid All night and left about 8 o clock on saturday he was going to Rockford to showed Nie the Hatchet and Laid he found the shown witness and asked if he had Ever seen it says not i am from Canada and told May Berry so that night i had time hone. James Allen reside at Rock Ford present when Mayberry was arrested said he stain on saturday night j near Beloit. Who. It. Guilt of the prisoner three committed by somebody for pics stuck or Side of the Road. Dead t accompanied the Corpse when it was taken to Jefferson i did not know any member of his family there was n great number there. A. H. Conrad is had aver seen thecly this shown in court thinks they Are the same ones i Hare seen deceased went. Joseph Alger Roside at Jeffer son. Wis. Am the son of a. Alger last saw my father at Beloit on wednesday be fore his Lead been to Rockford with a Load of Timber arid was returning when i saw him he had in his pos session mostly in Gold memorandums which had been taken from the deceased were shown to the witness they Are in the hand writing of my father Book shown witness this Book belonged to my father saw him i ave it the monday be fore his death knife which had been exhibited in the court was then shown to witness this is my father s knife my father has had it sometime saw him have it Short time before his death Wallet shown a. Hoskins got m.-. Spauldling to assist in looking for the body the body him says it in my fathers he had it at rec Iford and it is the one into which he put the Gold witness identifies All the was taken to the court House and an. taken from the prisoner As the quest held. Jones worn by his father the hat he had or. Robinson called in a physician. J phased at Beloit could not recognize the was called upon Loeoy of my father when it was brought to 1 t Pratti to. Examine the body found the Throat Jefferson i a Enlil not Jook at Cut it looked As if it had been preyed up on by vermin found other wounds on Tho breast passing into the lung. Several father had a Peculiar Beard., some like mine i could not look at him to Tell whether the Beard was wounds were found head breaking-011 or not. Through the frontal Bone the wounds Obi Martin Dewey shaved Tho the head would Kave appear-1 of a. Alger when it was brought in shaved off All the Beard and whiskers heed to have been done with a Hatchet the lung wound would not have caused death probably but a smaller one on the Neek we old have produced death several wounds made on he Back which appeared to made before death or Conrad was present during the examination. Had. Beard on the upper lip and Chin. A. G. Stoddard a Janesville am a clerk in the hardware store of Pixley Kimball cannot Tell two Moisha before this i saw t a a ref t Kannin Xit i t this Side son tween Aud Milton he appeared to to waiting or looking for passed him arid came towards Janesville and soon met a. Alger i. Knew him he had horse and buggy and was going to where Mayberry Mayberry some Little time i looked Back Arhat Mayberry was doing and he appeared to be standing still or nearly so Alger had on a whitish hat this looks like Tho one did not notice. Clothes. Cross have lived in Bel Oil knew Alger dont know whether Al know me i met a Young Man travel Ling he bad p carpet bag it was about three o clock in the afternoon or a Little after when i met Alger think the person had a Cane in his hand when i saw him. Or to Acy Liva of the Beloit Little below Janesville a person came to my House Throe weeks ago about mid night it commenced storming a Thun Der Shower was gathering he had a horse and buggy with horse was Skeer de and follow the Road he Laid Down on the floor and i went to bed i asked him where he was going said he going Benoit had been to Madison the person identifies As being the prisoner. Or Allen saw the prisoner on the sunday the 17th of june in the town 111. He was going to a horse and y i saw the horse and buggy it was Alt pwn horse 1 think the horse and buggy Here in Tho City in Tho Possession Are the ones i saw there they say Llie y Are the same he appeared going towards Rockford when i first said him he was coining from towards some cattle. Cross you notice the cattle at the time the cattle had been quite bad on t he Side i thought i e Harl seen before and i wanted to speak and by. Name i spoke to him said Good morning and asked him if he had seen any horses Over that said he had i next saw him in Rockford jail. And. Recognized him i could recognize prisoner As As he could the counsel. Smith Clothier three or four Miles South of Rockford 1 know the defendant i saw him. The sunday be fore he was arrested he said Good mor Ning he had an open buggy have seen the horse since that they said was Tho horse did not recognize him when i saw him pass Tho t it was somebody that i know lie was going South know where. Or m comb lives prisoner wag going towards comb s House. Cross have Soen May Berry Throe or four times this Spring. William Blackman i re Side three a half below Rock Ford have seen the deft before about 3 months ago at this time he was going Wuth and hid a horse with was , the 17th of june he had a buggy with were some peculiarities about the baggy which i think i re now Trie buggy Here in town is with a Jbv Iai had a lame Livorse. In har county a. Coat a Yellowish Linen coat near or. Span dings on the Road to Milton i found tues Day the neat Day after the body was found was about half Way from where the Ody Lay to Road it bras under some eaves this is the coat coat was much bloody. Cross sex. I was going along near the Ilace and saw where a horse had been pitched and on looking around found the coat. District attorney stated that they were through with the testimony except Hyde who had been subpoenaed and iad taken attachment. Court then took a recess nntil.2 o clock. After Motoji session. A goodly number of ladies were in the ourt room this afternoon have been present during session much confusion prevailed in an outside of the court room Garrison is very Busy in restoring order. Or. Ely offered in evidence the Hatchet knife Book memorandum and the clothes he stated to the court . Hyde the witness named when the court adjourned had not and announced that the Stato Baa closed their or Smith stated what he considered to to tie Rule that if the defense offered no they were emitted to open ing and closing or. Ely resisted the court that that the Rule hers. Or. Loop said the defence had no evidence to introduce or. Smith proposed to submit jury without argument under the charge of the court or. Noggle made bomb remarks to to Flatt Myrv acne i saw. Cross examiner i Hava known him prisoner a Sabra of Jip occasion at the barn 1 comb and talked with him. Of jury a said it was Nice Protis Ibn of Bur jurisprudence that no Manj hound be put up trial on a criminal charge without be diag first presented by the grand jury of , where the offence was commit Ted he read the indictment and referred so the statute under which it was found and then referred to mosaics Whoso Shedell Man s blood by him shall Man s blend to after a Feir general observations As to the nature of the offence he proceeded to discuss the testimony in the Case. We regret that we cannot his whole speech. It contained Many Good illustrations and worthy sentiments. Or Loop followed for the said he did not claim that they had much an acquits of the prisoner that the testimony was very Strong against him spoke of the liability p to be mis taken in identifying Persona and things said a person came up to this City a few evenings since and called him judge Doolittle and stood and talked with him some time and left in his delusion not knowing but what he had been talking with his Honor on the Bench All the time claim Tody of the be clearly Atabel nihed and. By it weigh of Tes Timoor which u i in moral mom to Lay it must he shown to a moral certainty., or to establish fact the Proge cution upon of the Bodif at the when found with the Throat cut1 from ear ear with the Skull broken thro Oeh Ito t brain with a mortal wound in tie and another in the wounds which it ii.in-. Listed., could., by no possibility have been a flicked by his own hands or my other than human band. J the Tusti Moziy of the medical witnesses relied upon to show that from the Coan Ted blood found about the wound in the Back those wounds must have been fore the arteries of neck were and that therefore to base wounds the cause of death and not Wenndt wantonly pc Raon after be came to death upon these facts tha prosecution insist that possibility. Of doubt a murder has been Oon omitted by same human being upon the person of another. X a in the second place this must show beyond any reasonable doubt that the person murdered is the same named 1 Tho in snort body found in the town of Harmony is the Lindy. Of Andrew Alger. To establish fact the Rdv that the body is identified by Tivo. Witnesses or Conrad and or. Eiseld that a Large number of More or less positive Assurance identify the clothing of Andrew with the prisoner and especially the fact that the White Linen coat the coat which he was seen to put on at be Loit when he left that town with the horse and buggy was found near the p Aco where body was covered with blood concealed under Home leaves and upon the fact that Alger since last seen on hit Way Home be tween Janeville and Milton has no where r been seen body in a body if you Are satiated Twy cd doubt that tie murdered body Andrew Alger will next inquire and perhaps that May be the main inquiry is Tow prisoner at the Sar guilty of that crime 1 to establish that fact the prosecution t upon two Spe Citi of evidence circumstantial 2d positive testimony by the confessions and so the combined weight of both. Independent of the testimony of or. M club and Hia Soni Halsey and prosecution insist that the circumstances in evidence would leave no room to doubt the defendant s guilt. The circumstances relied. On Are. Mainly these that the defendant a waiting upon the Road where Alger waa to pus and within Twenty four fur he is found with the horse and buggy of air Ger on the premises of m comb in the county of Wii Mcgago state of Illinois and upon being searched in his pockets were found the papers and of Alger that the defend ant gave a account of the Money in his Possession that he had earned it that the knife of Alger identified by his son and oth his Possession that a false of it that he purchased h at St. Louis that when he left or. A Oxford i in Beloit he had of a Black hat and the next Day lie had on a White identified with More or the hat worn by Alger when he left Belusic the fact that he Aid he was and lived Ai Milton and was go ing to Milton when he was on his Way to Rockford and was living there the fact that he left on foot and returned with a horse and buggy that he left with one hat and returned with his own Black hat As he said in the inf by Aud a White h that of Alger i on head when teen at. 9 o clock in the store Janesville the false account Given of business to Allen and another false account Given to Tracy the same night that he had beep to Madison and was going to Beloit and the prosecution iritis to that these facts Are enough of to satisfy beyond All reasonable doubt of the guilt though the evidence of 31 Cornland sons from the Case. In the next place you will Enqueria As to wha weight Given to the testimony of the three witnesses to whoa the defendant is said to have confined Hla guilt. a party Are always to be i confession bet clearly proved to have been Blutt in i fright in fir eat c. The Bonsel for the the confessions made7, Are soul contrary to the impulses of Hurman nature that you should wholly disregard where there made , lie was 10 far intoxicated that the confession if made should have no weight whatever. That gentlemen is a question for whether that confession was in fact made whether it is wholly irrational and unnatural or whether it accords with the facts truly whether it was made with the expectation of his being secreted and sheltered by m comb with one of whose sons is said to hire bied that the prosecution had failed to identify the body Falger with that certainty to carry to the minds of to that extent As to exhaust All other is necessary to warrant a conviction of a a Zsoner throughput the trial has manifested no concern what and witnessed All that passed utmost coolness the sight of the blood stained clothes of the deceased and the e instruments of death had no effect up on him. Or. Loops argument was Able beyond his behalf of his client Yere the Best that could be made in a hopeless cause. Or. Noggle followed in behalf of the state in a speech of some length and much Power. His withering sarcasm levelled at tie prisoner we should have thought might move the Maystr Rybut his to Marble countenance Rumaine do unmoved Miv n. Felt that the Case Wasi Fob Clear for argument the evidence of guilt conclusive. He any Case this is that Case. The the substance of judge Doolittle s charge. Yentl Corn of the Iris once at the bar stands charged with the highest crime known to our. Laws with the deliberate murder of Andrea. Alger from a premeditated design or Gua Gerof the common Law and if the defendant is guilty As and evidence Case tends to a Stice compels to Torsay that guilty of murder in the first degree circumstances of such that we can hardly find in the whole history of crime gentlemen however at Focions the deed by which this county has been shocked and electrified and however desirous every Good to bring ustice yet courts and. Juries should not fora moment lose sight of the rules of Law which Are established to govern of Cria Zihal Law and which of Trio rights and liberties of every individual it will be borne in mind that the Icen imprisoned at Alton when he would be Pui sued it was the result in fact of his by or in was the. Result of or whether insisted by the dist. Attorney it was top confession of a soul overburdened with a sense of guilt stained with a brother j blood driven almost to frenzy of a soul whose terrible secret i could no Lon Ger keep which has already master which in spite of rises to the Throat and demands All these Are questions entirely for As Well As the degree of weight to be Given to them if the. Defendant was in fact intoxicated when be made these confessions. They arc not entitled to anything like the same degree of weight As if made while in full Possession of his mind. But for the deft., while the admits that there Are Many Strong circumstances tending to prove the defendant s that they Are of sufficiently Strong to satisfy you reasonable doubt by. Evi Dence so Strong exclude every potheads except that of his. Cuilty the defendant s counsel has correctly Sta Ted the us upon the subject. You must be satisfied of his guilt to a moral Ceru Iolj. You should extend to the defend ant the Benefit of reasonable doubt up principle that ninety and nine guilty persons a Puld escape innocent Man should suffer.-. A administration of criminal Law High Respo Sib and sometimes Hwy painful duties rest and juries. A responsibility in head grows weary and tha heart Soni times grows is a responsibility which must be borne we could not it if we should not to should extend to this defendant As to All others charged with whole Tiar cities of the Lawf and All the presumptions of innocence upon the evidence the mind is convinced beyond Auy bubl. That he is guilty of this crime it is your duty to the Oatus you have taken the. Country in which you Jive by All that is sacred to the lives and peace of your , and May and i your duty to tha defendant painful5" though it May to declare him. Guilty. It is our in tar in administering Justice to remember while remembering mercy not to. Forget to administer it would be indeed a mistaken this defendant1 is clearly found i Silty. Beyond any. Reasonable doubt to acquit him and suf Fer him to Large. Of poetry i believe it is Oas said and the great philosopher Sully once said to the Jem Perbiro of when about to Pardon a great murderer remember said be ithe guilt of the murder which he has a ready perpetrated is Hia if you Pardon the built of the next murder will be the with , who Ari indies of the Law and the the one hand you Are to extend towards the def chd aut to very reasonable presumption of innocence Benefit of every reasonable upon the other if satisfied enable doubt of his guilt Public Justice de. Minds a conviction at Bijur. Habda upon map conce and step by step and Inch 3y we pubic prosecutor must Lead your testimony Given by until every other supposition or Casona Blo hypothesis u excluded except the Hypoth Esis of the Dofan Danes guilt. Is _ the substance sent of that he should i v the Perie tertiary sit Wau Iran daring the period of his natural h Fertile Ffirst-20 Days Mcconi Rancin Irith Hia each of to Eliy Potate year
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