The Daily spy., 1848-12-11
CHARGE OF JUDGE SHAW.

You areto discharge gentlemen of the Jury, very
important duty, one from which you should not finch
because it is necessary to the welfare of the Common.
wealth. The law has wisely provided for such trials
and on full examination of the testimony after charge
from The court it the duty of the jury decide on the
case. lfthe jury satisfied of guilt beyond reasons
able doubt they must convict, but il such doubt re-
mains they must acqut.
In all criminal cases there certain pncples impor>
tant TO the administration Of law man is presumed
to be innocent I'LL he proved to be guilty beyond rea>
sonahe doubt The indictment is made on erparte iesS
timony and no proof Of guilt. is necessary such an
examination should be made, TO prev en-, persons from
being brought to trial when there is not what is called
aprina facie case. The perfect admin stration
Of law would be where the guilty shall moi escape
the innocent be convicted but when that cannot be
attained we must approximate to it as we can .
The prisoner is charged with oiLfui murder. This
excludes accident, unnenonal killing, &c. When the
charge killing by poison almost necessarily follows
that must be with malice prepense There is, then, no
question Of law here, but Of fact and is not neces,
sary to go into inquir of the different grades of
homicide which sometimes IS required. Killing by poi>
son is murder, and of ITS most atrocou, FORMS
What surely is there in The family, but from that high
moral which Iestrans from the commission of such
crime But the law has high regard for the pro-
lection OF the innocent The punishment of The guilty.
We will then proceed 10 see whether the has
been so lar made out as TO warrant verdict ofguHy.
The fact in issue is whether Cook committed the MUIR
der oi his vile. No witness say that he knows
this That would be positive evidence We must
judge then from comparison of the facts before us-and
This is cireumstantia evidence. The judge then went
into comparison of the relative conclusveness of posi-
tive and crcumsa sanlal evidence
In circumslantial evidence, where there facts
which point to result but are not sufficient to make il
out We must acquil. ii the facts proved are reconci.
able To any other hypothesis than The guilt OF the prisons
he entitled The benefit OF It, But If the facis lead
to decided conclusion OF his guilt aud are not recon-
clabe 10 any other HYPOTHESIS, ought TO be Sasacto
Iy proof o guilt Practical exemphcatlons OF this prIA~
| cIple then given
There is evidence TO show that the prisoner had pur.
chased arsenic. There is none TO show that he had
| used il.
Il must then be supposed be in his possession The
deceased attacked suddenly symptoms such as
would be induced by poison and has been found
/ in the remains The circumstances which 60 connecl
The prisoner with the administration Of the poison result
chiefly from the testimony OF Mrs Ward. Tie giving
oflh sling testified by her, isa very essential aud
porlaht fact She sa, that, after twas administered ID
greatly increased the distress. II, the contrary she
has told, elsewhere, that il relieved her, it presents
ig i SaR slsa n ssssiCA
e fact of ding the Doctor and the statement re
spectug Cook aud Mrs. Metcalf we must Judge now ia
se lanse of time will account tar the discrepancies
The bufhen OF proof on the prosecution. AZ Is sa,
that but tor the lapse Of time, j murder was committed
stronger proof OF the facts could be obtained may a.
:" he sad that one was.no stronger rebutDg proc
could be given Wherever WI hesses disagree, pom a.
in some degree mpeached Indifferent statements nay Y
been made may be from defect IN memory, pit u v
jury satisfied that they have been in'en'onay ade
aud for the purpose Of Iiuencng the case Il shouo nc
slroy the cTedbIllty ofthe witness
Ii the fact OF murder is proyed--lhoueh no motive ca
be shown the Law implies malice. Here Ihen Is no = =
motive showIi-tiie one surmisea Is 'ne pos.es.o
Of her properly consisting Of certain notes aud none
in the Savings Bank. Legally the properly was y
whether she lived died. 1he jury wouia WefeloI
consider what weight this Is entitled 10. mere - y
excep, the single fact stated by Ms Ward about u
money, while several witnesses testify TO their gene'
agreement.
The mex thing 10 be considered is the condu c'