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oins of a certain denomination, and dropped on the floor one-half of an envelope, that once contained a will. In view of these circumstances (the prosecution calls them facts), the counsel for the defence PRESUMES that said stranger committed the murder, stole the will; and offers this opinion as presumptive proof that the prisoner is innocent. The argument runs thus: this man was an accepted lover of the accused, and therefore he must have destroyed the will that beggared his betrothed; but it is nowhere in evidence, that any lover existed, outside of the counsel's imagination; yet Asmodeus like he must appear when called for, and so we are expected to infer, assume, presume that because he stole the will he must be her lover. Does it not make your head swim to spin round in this circle of reasoning? In assailing the validity of circumstantial evidence, has he not cut his bridges, burned his ships behind him? "Gentlemen, fain would I seize this theory were it credible, and setting thereon, as in an ark, this most unfortunate prisoner, float her safely through the deluge of ruin, anchor her in peaceful security upon some far-off Ararat; but it has gone to pieces in the hands of its architect. Instead of rescuing the drowning, the wreck serves only to beat her down. If we accept the hypothesis of a lover at all, it will furnish the one missing link in the terrible chain that clanks around the luckless prisoner. The disappearance of the three hundred and twenty dollars has sorely perplexed the prosecution, and unexpectedly the defence offers us the one circumstance we lacked; the lover was lurking in the neighborhood, to learn the result of the visit, to escort her home; and to him the prisoner gave the missing gold, to him intrusted the destruction of the will. If that man came to 'Elm Bluff' prepared to rob and murder, by whom was he incited and instigated; and who was the accessory, and therefore particeps criminis? The prisoner's handkerchief was the medium of chloroforming that venerable old man, and can there be a reasonable doubt that she aided in administering it? "The prosecution could not explain why she came from the direction of the railroad bridge, which was far out of her way from 'Elm Bluff'; but the defence gives the most satisfactory solution: she was there, dividing her blood-stained spoils with the equally guilty accomplice--her lover. The prosecution brings to the bar of retribution only one crimin
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