beyond the feeling of sorrow that I, together with every man in this court room, must share at the thought of a fellow-being paying the extreme penalty of the law, beyond and above that feeling, I say, is the more solemn thought that higher than the rights of any individual in the community, whether he be of high or low degree, stands the immutable law that first and before all else must be safeguarded and protected the rights of the town, the city, the county, the state and the nation; that unless safety of life, of liberty, of possessions, be made possible for our citizens, unless law and order be made to rank above deeds of violence committed in disregard of law, then the whole fabric of our nation must crumble, and the government of which we so proudly boast be reckoned little better than a mockery and a sham." He paused for an instant, and then, simple, forceful, direct, began his final summing up. "And now, Mr. Foreman and gentlemen of the jury," he continued, "briefly to review the facts in the case; briefly to summarize the evidence; briefly to outline the theory of the prosecution in regard to it. And first, the facts. On the seventeenth of December last, the bodies of James Mason, long a well-known and universally respected member of the town of Seneca, and of Miss Rose Ashton, the fiancée of Mr. Gordon, who has become well known to all of you since his residence here, and whom you heard yesterday upon the witness stand, were discovered by Mr. Harrison, James Mason's foreman, in the mine in which Mr. Mason had worked for so many years. Death in both cases had apparently been instantaneous, and had been produced by shooting, the medical examiner finding that both deaths had been caused by a bullet from a thirty-two caliber rifle or revolver. "At the very outset it must be admitted that there is nothing in all the evidence which has been presented to you even savoring of direct proof as to how the deaths took place. It becomes necessary, therefore, to examine the case from the standpoint of what is commonly called circumstantial evidence, in order to see whether a chain can be constructed of sufficient strength properly to hold the man who has been brought before you, charged with the commission of the crime. And I shall not only not deny, but shall be the first to admit, what my learned brother in his closing argument will not fail to emphasize and reemphasize, that it is upon circumstantial evidence only that the case for the county must rest.