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558 X, AMERICAN STATE TRIALS,

given to habits of intemperance, sometimes excessive. He
had expended a part of his property under cireumstances
which induced the officers of the town to make application
for a guardianship over him. Instead of a guardianship,
however, trustees were appointed to take charge of hia re-
maining property. He could not therefore spend his prop-
erty during his life time. Thus he was situated in the sum-
mer and fall of 1844, and during the winter antil his death,
doing but little work and living generally in idleness and in-
dniging in intemperate habite, It appears that on the night
in question, De Wolf took him in a sleigh (whether at his own
request or not dees not appear), about four miles from home.
They left the stable where De Wolf was employed about 7
o’clock in the evening and were absent about three houra. On
his return, De Wolf left Stiles in the sleigh, at the stable, and
went to the room of Samuel Stone who was employed in the
adjoining hotel, and with whom he had left his key with a
request that he (Stone) should attend to the stable while he
‘was gone. Having aroused Stone who was in bed, De Wolf
asked for the key and lanthorn, at the same time desiring
Stone to go down to the stable with him, as he had got a man
there drunk and wanted some help to get him in. Stone
could not go on the instant. De Wolf then went down and
called on Baldwin, another inmate of the house, for assist-
ance. Baldwin aided in getting Stiles out of the sleigh, and
De Wolf carried him up stairs into the harness room and aid
him on the bunk, covering him with a buffalo skin and fold-
ing another under hia head. In the course of an hour of two,
it is quite manifest that he died either from disease or strangu-
lation. It is for you, gentlemen, to say which.

Now, if the question depended solely on the anatomical
examination, and that examination leads you to doubt to which
eause this death is to be attributed, but that it was attribut-
able to one or the other, then you are carefully to inquire
whieh. Tf yon are satisfied that it could not be a suicide, then
you are to inquire whether it could have been from external
violence, and whether such violence was used by this defend-

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