urt. Get Homer and others to watch the
roads."
He went for the man mentioned, and then learned that Mr. Ireland had
received a message asking that Wilson's hotel be watched. No light was
seen in the house there, but L. L. Jenne was appointed to watch the
place. Witness had seen Kelly four or five days before the assault
driving a team which he supposed to be Wilson's. He had thought it
strange, but could not say that he had felt any suspicion. He had
supposed the team to be Wilson's because he had noticed the latter
driving it at different times during the summer. He had seen James
Wilson the night before the assault, walking on the street towards the
post office, and Wilson had spoken to him. He had also seen Kelly at
that time with a team.
Lewis L. Jenne, a clerk for the Canadian Pacific Railway at Sutton,
testified that he knew the prisoners, and was distantly connected with
one of them, M. L. Jenne, of Abercorn. He had been in the employ of
the Canadian Pacific Railway for seven years. On the morning of July
8th, at about two o'clock, he was awakened by James H. Smith and
another man, who told him what had happened. Witness had taken it as
his work to watch Wilson's hotel, but saw no light or stir about the
house. If any light had been there he must have seen it, as he had on
many nights before and since.
During cross-examination he said that he had watched the hotel on the
night in question, from a little after two o'clock until morning. A
swift horse could go from Sutton Junction to Sutton in ten or fifteen
minutes. Witness had not tried to enter Wilson's house, but had
watched outside. He had heard that the Wilsons threatened Smith, and
was quite sure he had heard it said that they were mixed up with this
affair.
Walter Kelly, being then recalled, said that he had seen Wilson on
Saturday night, July 7th, between seven and eight o'clock, near
Curley's hotel, going towards the post office. He also stated that
once he had driven Wilson's team on the road where James Smith claimed
to have met him with it.
This completed the evidence in the case.
Mr. Racicot, counsel for defence, then addressed the jury, quoting all
the points of law which might seem to have a bearing in favor of the
prisoners, and making an eloquent plea which lasted one hour and
twenty minutes.
Hon. G. B. Baker, Q. C, quoted the law on the other side, proving
quite clearly that the prisoners were deserving of punishment. He lai
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