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EDWARD D. WORRELL. 107

limita of tho circuit, and some few beyond the limits of the
State.

To have imposed therefore the preparation of the case upon
the cirenit attorney would necessarily have required him to
traverse the whole country in search of testimony, at a heavy
expense without any legal claim for reimbursement, and to
the entire neglect of those duties which more legitimately
belong to his office. But independently of all this, no injury
is likely to result to the prisoner from the fact that Gen.
Coalter and myself are here to aid the State, for he is rep-
resented by the ablest advocate in the West, and one who
stands at the head of his profession in the criminal depart-
ment of the law.

The aecnsed has reason to be thankful to the State’s eoun-
gel for many acts of indulgence on their part. Numerous dep-
ssitions have been filed and read in his behalf, most of which
could have been suppressed for irregularity. The acts, more-
over, deposed to, are in many instances irrelevant, having
no bearing upon the issue; and the evidence is chiefly hear-
pay; witnesses deposing to facts not within their personal
knowledge; but gathered from idle rumor; yet we have per-
mitted these depositions to be read in evidence and have given
the prisoner the full benefit of them, simply reserving the
Tight to comment upon their weight and character.

It would have been gratifying to us if in the course of this
laborious investigation anything had been elicited to excul-
pate the prisoner; but we regret to say that every fact and
cireumstance detailed in evidence point with unerring cer-
tainty to Worrell and Bruff as the perpetrators of the mur-
der; @ murder committed solely for gain and under circum-
stances of the most crue! and barbarous nature.

The learned counsel who has just so eloquently addressed
You has placed the defense of his client upon four grounds:

Ist, That the evidence does not show to the exclusion of
every other hypothesis that Worrell killed Gordon.

2d. That if the evidence does establish the fact that Wor-
tell killed Gordon, it also shows that he did it in an attempt

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