Page:The Green Bag (1889–1914), Volume 14.pdf/650

 The Final Trial of the Sifton Murder Case.

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again to Gerald's house, but before leaving the buggy, a man named Edgar Morden spoke to them; what passed was given in evidence; but immediately afterwards the old man and Mary drove to Edgar Morden 's house, and stayed there that night. What took place at Edgar Morden 's house is un certain; but, later on, Edgar Morden pro duced a will in his own writing, dated that day, purporting to be signed by Joseph Sif ton, leaving all his property to Mary MacFarlane, and appointing Edgar Morden sole executor; the will purported to be attested by Edgar Morden and his wife. At a sub sequent trial to test the validity of the will both Edgar Morden and his wife failed to appear, and the jury found that the signature to the will was a forgery. It was proved that during the time the old man and Mary were at her mother's house, Gerald went to see another man named James Morden, a distant cousin of Edgar's; James Morden afterwards swore that Gerald that night told him of his father's intended marriage, and offered him $1,000 to do away with the old man that night, but that he refused to have anything to do with it; whereupon Gerald asked him for the address of the lodging in London where his brother Martin Morden lived. Martin was up to that time engaged to be married to Mary. It was proved by other evidence that Gerald did go to London that night; and Martin Morden has sworn that Gerald came to him there, and offered him a bribe to go with him to try to induce Mary not to marry the old man, and that, on Martin's refusal to have anything to do with it, Gerald said: — "We are going to put up a hay-fork," and asked Martin if he would help him to put it up, adding : — " We have set a trap for the old man, and if he falls into it, it would only take two or three raps on the head with a hammer to finish the old man "; and that on Martin

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again refusing to have anything to do with it Gerald produced a small phial from his pocket, and said : — "If one thing will not work an other will." Gerald returned home early in the morning of the 30th; the actual time of his return was disputed. The motive assigned for the alleged mur der was that Gerald was his father's only child, and as there was considerable property, his father's marriage would make a great dif ference in his expectations, especially if, as was believed, the girl he was about to marry was then pregnant by him. On the morning of Saturday, 30th of June, the day fixed for the marriage, Joseph Sifton and ton'sMary housecame back were together seen bytoone Joseph witness Sif-; shortly after their arrival Gerald and Walter Herbert came, and Joseph Sifton was asked to go to the barn to give directions as to fixing a hay-fork; he went reluctantly, and while there he sustained injuries which cost him his life; he was taken into the house and lingered unconscious for several hours, and died. What occurred at the barn is known only by the evidence of Walter Herbert, given at the previous trial last year, and re peated last month, to which we refer later on. The case when it happened was regarded as an accident; it was stated by Herbert and Gerald at the time to be an accident, a fall from a beam of the barn; the doctor who was called in gave his certificate to that effect, believing at that time that it was an accident; no autopsy was held at the time, and the body was buried. Afterwards sus picions arose, investigation was set on foot; both Herbert and Gerald were arrested to gether at the end of July, and Herbert then said, " Yes, I am guilty." Both men were indicted and arraigned together before the late Justice Rose, at the assizes of Septem ber, 1900, when Gerald pleaded not guilty, and Herbert pleaded guiltv. Gerald's trial was
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