(Part three) ( more to come in part 4) In summing up the Commonwealth, declared emphatically it had proved the place, the time, the motive, the opportunity and possession of the lethal weapon by the accused. It was pointed out that Dean's conduct was clearly inconsistent with his innocence. Dean declared he was innocent until the very day Sheriff Willehelm said to him just before the trap was sprung, "Dan Dean" I was on the first jury that tried ya. I then thought you innocent , I now ask you, "Did you kill Henry Fugate?" Dean replied, "I'm innocent as a new born babe," with these last words he went to face his maker. For the near a century since the trail, conviction and execution of Dan Dean, a lot of gossip and loose talk had grown into a mess of legendary ______ which many have been led to believe. Like any controversial subject, the telling of the pro and con have changed from wild to more to pass for a bonafide truth- the real McCoy. >From what I have gathered in many talks over the years with old timers who were conversant with the feeling of the people for years after the event. I am led to believe that belief in the Innocence or Guilt of Dan Dean was about fifty - fifty. Logan Nuttingham, the janitor at the Gate City Court House some years ago and whose name I have mentioned heretofore, told me time and again that ever official at the Court House, at the trail and afterward believed Dan Dean was innocent. I related Logan's statement to a good friend of mine whom I knew to be a high county official a few years after Dean's passing. He was very much of the opinion that Nuttingham was badly mistaken. He said that at the time of Dean's trail and execution he was a young man, he heard part of the second trail and all of the third and land last trail. He declared to me that if he been a juror he would have voted Dean guilty. Persistent rumors and gossiping have vowed that a death bed confession of a Big Moccasin citizen years after Dean's execution, exonerated Dan Dean of Henry Fugate's murder and took the blame for the killing. After many talks with many people, I am of the opinion that such a confession never took place. I am inclined to conclude that such a happen stance was purley and simply imaginative hearsay, and adultered poppycock. I have read many times the decision handed down on the Dean Case by the Supreme Court of Virginia. I have been told by lots of lawyers that this is a gem a classic and a final word of law on Circumstantial evidence. It makes most interesting reading even for a layman. This famous opinion was written by Judge Christian, at that time a member of the Supreme Court of Virginia. In the opinion Judge Christian observes that a line of circumstantial evidence is something compared to a _______ of many links, a chain is no stronger than it's weakest link. A more fitting comparison declared Judge Christian would be a rope, a rope is made up of a number of filament or strands, which taken singly would not be strong enough to bare the stress, hot when all these filaments or strands are twisted together the rope has strength more then sufficient to bare the stress laid upon it. So the Dean case there are circumstances, which taken alone would not bear the weight of conviction, but when _______ together, and considered in their relation to each other, must produce upon the mind a moral certainty of the guilt of the accused, so reasoned Judge Christian. The ______ Judge finally disposes of the case by reiterations his belief and that of the presiding judge as well as the murder of Henry Fugate. He declared there was no error to warrant a new trail, that the judgement of the lower court was affirmed, and that Dean must pay the penalty of his crime to be hanged by his neck until dead. Never the less there are many Scott County Citizens to this day believe Dan Dean was innocent of the crime of the slaying of Henry Fugate. It happened a long time ago but the argument still continue about this and that. It is very probable if Dean were tried today he would never be executed. In all likely there would be found room for a reasonable doubt. What do you think? Was he guilty? Don't write me, write your President