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562 XY, AMERICAN STATE TRIALS.

otherwise, or that he should escape with a lighter punish-
ment. But it must be considered in every part. If the facta
stated or any part of them are inconsistent with the other
evidence, then these may be excluded. Gentlemen, what are
the facta in corroboration? In answering this question you
will consider the previous intimacy of the defendant with the
wife of the deceased; the testimony showing illicit inter-
course between them, the complaints frequently made by
Stiles respecting the intimacy and intercourse, and the fre-
quently expressed expectations of De Wolf, to get possession
of the property of Stiles. How far, now is the confession
corroborated by these circumstances, De Wolf admitted his
expectation that the property would be his, alleging that it
was $700 or $800, in amount, that he should receive it by
the wife of Stiles. He frequently spoke of his expectation
of having money by and by, that he should not always drive
a truck team; and when asked by one of the witnesses how
it was, he aaid “through Stiles,” stating that he would not
live a year, and that he had an understanding with his wife.
These circumstances are corroborated by Flagg, Webber,
Gates and Pierce, and taken in connection with his confes-
sion, have a very important bearing upon the case,

Then, gentlemen, you will look at the opportunity which
the defendant had to commit the crime. It is not easy to
determine how men would act under such cireumatances. It
is evident that there was a plan between the prisoner and
Mrs. Stiles to entice the deceased, to go out to Cobleighs.
This circumstance bears strongly upon the question, as it
shows a singular relation between these parties. De Wolf
‘went often to the house of Stiles, waa an inmate of the family,
yet as a reason for taking him (the deceased) to the stable
on the night of his death, he said he would rather detain
him there than carry him home on account of his wife. If
Stiles was not accustomed to come home intoxicated and if
his wife waa not accustomed to have him at home in that con-
dition, then the motive assigned was a good one.

Now as to the time. It is contended on the part of the de-

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