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~ entitiod ts the banefit of that doubt end you abould asguit bis, fhe turden of proof newer shifte from the tesaple te the despoadent, bet it upon the zeople throughout to estebliab every essential eslenent of the offense, how there ore only two slszents in this oase; First, that the donk was robbed, whieh is adaitted, ané the *”™ saconc, that the Res) ondent was present ‘and was que ‘of the ee robbers, ov in this esse the saople hava offered here the testimony of throes af the employess of the ‘pank to the effect thet they saw the res,ondent in the bank and thet he was one of the robbers and that they positively identify him, They have also offerad the testimony of @ man working scross the strost in the KeClellan Store; he testifies thet ho paw the respondent and the respondent is one of the men thet took part in raibing the bank. Mr. Dewitt, the Chief of Lolice in | this city has Leen e:lled to testify, and he testifies in subatunce that the respondent told hin that ths resrendent*a brother was in the bank, ws one of ths robbers, and that bis brothar was indatted to hin cnd in order ta ray him off, turned over to bim sous minstesn hundred or two thous nd dollsrs in euch of this bunk, Ar. svans, from Humnoad, indiana, tastifies ho e.shed ona of the checks in the store whore ho was eaaplojad ia lisiweoud whera he cleits tha regpondant bought a hat how the respondant hera has off+red the testimony or sone eix Wi thas:-08 ¢ Ho has ofrored the testimony. of kr, Bailey, ur, Dlugan, Er, knuth, to the effect that he wae in Chicago at & gortain apartment on ‘this doy in question ‘an4 was not here at 311, Now it appears that thes? witnesses testified positively that he ws there fs Ghiesgs, and they clain that baTors tustifying that they talked or o-lled up, ona ar than did, kre, Rhodes or Bohrer, who hai chargs of ths apurtmont, « 152 = \ ar Wo semen + ae NB IB sae De ie, ART Ee ne lB Ri ca week ow icin “nents oe e+ 5 ae