The summing up on both sides was a grave and solemn scene. Here Williams
was thrown out, the District Attorney choosing to perform his own duty
on an occasion so serious. Dunscomb made a noble appeal to the justice
of the court and jury; admonishing both of the danger of yielding too
easily to circumstantial evidence. It was the best possible proof, he
admitted, when the circumstances were sufficiently clear and
sufficiently shown to be themselves beyond controversy. That Mary Monson
dwelt with the Goodwins, was in the house at the time of the arson and
murder, if such crimes were ever committed at all; that she escaped and
all her property was saved, would of themselves amount to nothing. The
testimony, indeed, on several of these heads, rather told in her favour
than the reverse. The witnesses for the prosecution proved that she was
in her room, beneath the roof, when the flames broke out, and was saved
with difficulty. This was a most material fact, and Dunscomb turned it
to good account. Would an incendiary be apt to place herself in a
situation in which her own life was in danger; and this, too, under
circumstances that rendered no such measure necessary? Then, all the
facts connected with Mary Monson’s residence and habits told in her
favour. Why should she remain so long at the cottage, if robbery was her
only purpose? The idea of her belonging to a gang that had sent her to
make discoveries and to execute its plans, was preposterous; for what
hindered any of the men of that gang from committing the crimes in the
most direct manner, and with the least loss of time? No; if Mary Monson
were guilty, she was undoubtedly guilty on her own account; and had been
acting with the uncertain aim and hand of a woman. The jury must discard
all notions of accomplices, and consider the testimony solely in
connection with the acts of the accused. Accomplices, and those of the
nature supposed, would have greatly simplified the whole of the wretched
transaction. They would have rendered both the murders and arson
unnecessary. The bold and strong do not commit these crimes, except in
those cases in which resistance renders them necessary. Here was clearly
no resistance, as was shown by the quiet positions in which the
skeletons had been found. If a murder was directly committed, it must
have been by the blow on the heads; and the jury was asked to consider
whether a delicate female like Mary Monson had even the physical force
necessary to strike such a blow. With what instrument was it done?
Nothing of the sort was found near the bodies; and no proof of any such
blow was before the jury. One witness had said that the iron-work of a
plough lay quite near the remains; and it had been shown that Peter
Goodwin kept such articles in a loft over his bed-room. He would suggest
the possibility of the fire’s having commenced in that loft, through
which the pipe of a cooking-stove led; of its having consumed the beams
Public-domain text, read in full here on John Shaqi.
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