The northern tribune. [volume] (Bath, Me.) 1847-1855, 1848-03-23


one going up stairs about 5-no one after
wards. The partitions and doors were thin.
They speak here of blows and dragging the
body-blood in the front Office and in the back
office-the body behind the counter. At Is
minutes after 8, the hostler and Mr.. Freeman
say they saw the DIR. at Williams House.
Here is only 5 minutes. Add to that, the
great improbability that DR.. c. would at this
hour commit this act in his own Office, This
is monstrously Incredible At half past 8,
Flint finds the body in the Office, with the
limbs then rigid. Most mprobable-impossi-
BILE Dead, and the limbs rigid, when As
minutes before he YVES in full life !! Can it be
believed that in As minutes after he was in life
al this had happened, and the prisoner was in
the street seeking for confident to whom to
disclose his crime! Mo one vas heard going
up or down the steps after $40 minutes af-
ter 9, we have right to presume that deceas'
ed was alive. Yet Is minutes after g. DR.. G.
is going to the tavern, and again at half past
8. Can all this have happened in that time
The witnesses state the time; they know 1t;
they tell here they know it. Mr.. Shorey cor
roborates the boys; they got home quarter
past g.. The office was liable to be opened at
any time {; a person was actually at the tavern
after the DR.. at late hour. Every one of the
circumstances proved seems easily to be &C
couneed for. The obtaining of the acid Dot
ties; the talking about Il subject, belong to
the Dr's course of life. Jurors are not to rea-
son out guilt from circumstances proof from
this source must be as strong and satisfactory
as from other sources, in order to be relied on.
1t is absurd to say that circumstantial evil
dence can be as decisive as direcr proof from
credible sources. There may be direct proof
which is not to be believed. But the value of
circumstantial proof is that it fits together
The witness here is disjointed-it makes moth
ing consistent when put together. Mr.. Evans
stated case of ercunstantal proof, in which
one testites to one part, and another to anoth-
er. and so on, until chain of circumstances is
made out which cannot be doubted. But he
csntended that it would be still more satisfac-
toryif one or more of the witnesses had seen
the act. Mr.. E. would only ask that the jury
should require the circumstances in this case
to be as satisfactory as the testimony of Que
credible witness, which is the lowest testimo-
ny our law allows. He said circunstontial
evidence must be conclusive in its character
it must exclude every other supposltion. Ii
it be possible that any other person may have
committed this crime, the prisoner must be
acquitted. He read from authorities to show
What positive proof is required by our law,
and argued that crcumstantial evidence has
been the cause of the conviction and 'execu-
ton OF many innocent persons. The jury
must be aa fully convinced by circumstantial
proof, as if direct proof had been brought.
Mr.. L. inquired if all these circumstan ces
proved in their cases, may not be consistent
with the innocence of the prisoners 1t is
not enough that the evidence is the best the
case will afford, The nature of case may e
SENT that sufficient proof cannot be had
Yet before a conviction, there must be suf
fcient proof to convince the jury. The I'M.
preston on the mind of the jury must not be,
that the prisoner is probably guilty, but that
he is gully. Formerly in England, criminals
were not allowed counsel but the proof was
required to be frequently conclusive; coun-
sci were unnecessary. Mr. E. read many
authorities and cases to show the law about
crcumstantial proofs, the danger Of relying
on sufficient proof. In one case two persons
were going down to the sea shore with living
child, and to throw the child into the sea, and
the body was never found. The Court charged
that conviction could not be had, because the
body might have hoated ashore alive In another
case, man was beaten and thrown overheard,
and the body was not found the Court charg-
cd. that il the Jury believed the man to have
been dead before he was thrown overheard.
they might find the prisoner guilty: Otherwise
not, because he might have been picked up
alive This is the humanity oi the law.
Mr.. L. argued at length, to impress upon the
jury the necessity of caution in receiving
circumstantial proofs. If there are 90 or $50
chances of the prisoners guilt, and one of his
innocence, he must be acquitted.
Mr.. E. had no, concluded when my letter
must close in order to he put in the afternoons
mill: having already spoken about five hours
and half.
Mr. Evans now proceeded to speak of the
testimony of Thomas Flint This witness
comes he-eswith an unblushing face. He
make, no apology for himself Mr.. i. want
ed to hear his apology-his account of the
pcrsuasions, the implications. the distress of
his friend But nothing of the kind. I'm