"And now, Mr. Foreman and gentlemen of the jury, we come at last to
the consideration of the case against the prisoner, and here, for the
first time, we find a chain of evidence, circumstantial, to be sure,
but in every link so firm and true that it can not by any possibility
be broken--a chain of evidence which leads indisputably to the
conclusion that the murderer of James Mason and Rose Ashton sits here
before you now, the perpetrator of as dastardly a crime as has ever
marred the records of our county. The prisoner's story is absolutely
unbelievable. He claims that he remembers seeing Mason and Miss Ashton
enter the mine, that shortly afterwards he ate his lunch, and that he
must have then dozed oft; to sleep, remembering nothing more until
Harrison, coming to see what had become of the missing victims, shook
him back to consciousness. Certainly an improbable story, even on its
face, but in the light of other evidence, clearly appearing as a
clumsy lie, an excuse for not being willing to lay himself open
to the danger involved by permitting a more extended field for
cross-examination.
"Mr. Harrison's testimony is clear and concise. He has told us that,
on reaching the entrance to the mine, he found Hinckley in a drunken
stupor, an empty whisky bottle by his side; that being only partially
successful in his efforts to arouse him, he went at once into the
mine, descended to the fifth level, where he found Mason's body; then
to the sixth, where he found Miss Ashton's; that on his return to the
mouth of the mine he found Hinckley still only half aroused; that,
upon taking away his revolver and examining it, he found two of the
five chambers empty; and that the revolver was a thirty-two caliber.
The expert testimony, as you scarcely need to be reminded, has shown
that the bullets which killed the two victims fitted with exactness
the revolver with which Hinckley was armed. In addition, Miss Mason,
who accompanied Mr. Harrison as far as the entrance of the mine, has
corroborated his testimony in every detail. Now take, in addition to
this evidence, the testimony that Hinckley's work had been far from
satisfactory; that since he had gone to work he had persistently got
drunk, and several times neglected his duty; that he had on at least
two occasions had words with Mason himself, and that on the latter of
these occasions he had sworn at Mason, and said that he would 'square
up with him some day.' Take all this testimony together, and is not
what happened on the afternoon of December seventeenth pretty plainly
to be imagined? 'Nothing but theory' perhaps my learned brother may
say, and this of necessity is so, for the prisoner will not speak, and
from the mute lips of James Mason and Rose Ashton the story of the
tragedy we shall never learn. 'Nothing but theory,' and yet how
plainly we can see it all. Mason, on coming to the mine, has further
words with Hinckley; Hinckley, perhaps even then partly drunk, later,
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