Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-01-17

Oy Judge GastOn, where the sheep OF A
stray from his flock to the flock Of B, and
b drives them up with his own flock and
shears them. B was held not guilty, be-
cause he might not have suspected they
were not his sheep. and it was better that
SO guilty persons should escape than that
one innocent person should suffer.
The coincidence ofmany circumstances
pointing TO one thing, forms so natural
ground of belief according to human expe-
rience, that it is upon that very ground,
that the rule of evidence has been so we'll
established in law, that Handwriting may
be proved by a person soho has recesred q
letter from a stranger to him. IN the due
course ofbsssioess, from aohom he expected
toreceiUe letter on that particular bttss-
ness. although he neuer before had seen
has acriting. So strong were the coinci-
dences in Mr. Ennett's case, that he was
not ONLY IN lar and according to common
experience, warranted in believing the GER
tifcaic to have come from the Sheriff, Mr.. |
Averett; but it would have been thought
strange indeed if he had suspected it had
not. 1t came IN letter-which he eT-
pected-af that tine-and purporting to
be from the person he erpectedto send 1t
-resembied that PERSONS HANDWRITING
and he ,vas not 1yeN enough acquainted With
that persons handwriting to detect plausible
imposition.
The next ground the Committee take in
| hot no nj
ceiving the certificate, was so strange and
unnatural, that it ought to have excited his
suspicion. Had the Committee examined
with due care all the foregoing coinciden-
ces, six in number) which could only
consist with innocence-had they compar-
ed them with Mr.. Enneu's confdng SIM
pliciy of character-wilh the consistency
Of his three several statemenss-with the
absence Of ali motive on his part 10 perpe-
trate such crime; with his open disclosure
to the Senate's Clerk on Tuesday NOR
ming Soon after fraud was suspected, of
all the circumstances which attended the
way he gotinto possession ofthc certificate,
and with his unblemished innocent life,
and character. they would indeed have
, shown that anxious ocish they protested, to
search out III the evidence, the circumstan-
s ces Of his innocence, instead of first assum-
e ing, as they have done, that his account Of
y the matter eyas suspicious, and from thai
! suspicion, in their oov,, minds, drawing the
e most unfavorabIe differences against him,
5 and arguing the case in their report alto
4, gether on one side.
= The next ground the committee take is,
j that his whole statement ought 10 be d,scre'
: dited, because he did not mention to his
: roommate, Jackson, on Sunday night
$ when he returned home from preaching al
% 'clock. that he had received his eertlh
= cate. Had Mr.. Emmett taken extraordina
Il ry pains 10 make known the receipt Of hi:
d certificate, would it not have excited suspl
s cion? AS it was he did inform Mr.. Jack
S son, his roommate, although stranger Il
: him until that day. and Mr.. Sanders, hi:
= colleague, Oft the next morning, and wher
J. the question was asked in public compa
:, NY at Mr.. Holden's office on that same
e morning, "who was the member tina; hat
= left home without his certificate. he belnt
o present replied, she supposed that he was
e the person meant, but that he had received
o it on the night BEFORE" Here, then, tn
O Committee so anxious 10 establish Mr.
a Ennett's Innocence. assumed the fac
e that not to mention the reception Of the certtcat
n TO his room-naate aUds suspicious, and when tn
:, fact appeared on the trial, that he had no
only mentioned it 10 his roommate but /
:. his colleague aad TO others, it availed his
:. nothing with his accusers.
&c The undersigned farther protest IN THIS
! that as the Committee in their report, q tn
- Senate by the mode OF his trial, had throw
., upon Mr.. Emmett the burthen of proving hi
n own innocence. contrary to the maxim {
, law and usages in such cases, his counst
n, ought not to have been refused, as the
80 acre, the right and privilege of replyin
R to such objections as might have been mad
p. in argument to that proof, and more esp
20 cially. as the Committees report charge
m with all its errors, had been printed, clrc'
!, lated, and must have Prejudiced MIR. Fl
:. nett's cause. find the undersigned also prote
=, in this, that the Speaker ought not to have i
10 terrup,ed Mr.. Ennetts counsel as he di
en- by repeatedly calling him to order, for "
ne think it was the counsel's duty to say VIII
ng he did, when thus called to order, with Il
10 view Of securing an unprejudiced trial
ne his client.
M The facts being these, the counsel ca
'e- toned the Senate against any unfavorab
&c Impressions or prejudice that the report
. the Committee might have made in the
OF bosoms, as that report contained varlo.