The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1849-08-07

part rihe witness which waIbeneft the
party whose witness he is, his exaggeTa
lion Of circumstances. bis relnctanceir
giving adverse evidence, his slowness II
answering, his evasiye replies. bis affec-
Iation Of not hearing or not answering the
question, for the pdrpose Of gaining time
to consider the effect of his answer; pre-
cipiiancy in answering, without waiting
10 hear or 10 understand the nature of the
question; his inability TO detail any cir
cumstances wherein, If his testimony
were untrue, he would be open TO con-
tradic,ion, or his forwardness in mihutcly
detailing those facts where he knows con-
lradiction.t to be impossible an alfectation
of Indifference; are all TO a greater OF
less extent marks Of insincerliy,
son the other hand his promptness
and frankness in answering questions
without regard TO consequences, and es-
pecally his unhesitaing readiness in
stating all the circumstances attending
the transaction, by which he opens wide
field for contradiction, if his testimony be
false, are, as well as numerous others of
similar nature, strong internal indica-
tions of his sincerity" ] Starkie, SAT.
There is another and very important
test as TO the credit due to witness
where The credi, of conflicting witnesses
is doubtful, as far as regards their num-
Der, and means Of knowledge, and The
consistency and probability Of their testi-
mony, the jury should compare the state
menls with each other and with facts in
the testimony which are undisputed or
established.
"The relative consistency of testimo-
ny is most important test of comparison.
the testimonies of witnesses of truth will
consist with each other, and with all the
established circumstances of the case in
numerous and minute particulars, which
are frequently beyond the reach of in.
.vention, and will exhibit that degree Of
solid coherency which necessarily results
from real and actual congruity in ma
ture, which minuteness and detail of cir
cumsiances will serve but 10 render more
complete: with false witnesses thu very
reverse takes place; their testimony must
either be sparing in circumstances. and
therefore of a nature obviously suspicious
OF be liable to detection from comparing
the invented circumstances with each
other, and those which are known 10 be
true" Ib. $50.
The july will observe that The rules
laid down to govern juries in their est
mate of testimony are those which would
at once recommend themselves to any
intelligent and refecting mind; and il is
true, as general thing, that an intelligent
man, without having read the books on
the subject Of evidence, will ordinarily
compare and arrange and estimate the
force Of testimony in accordance with
the rules laid down in the elementary
works on this branch of the science.
Ii is unnecessary 10 caution this intel
ligent jury that they have solemn and
highly important duty to perform. They
doubtless feel painfully all the response
blities which attach TO their position.-
They know that tits not only fearful
thing to condemn the innocent, to affix
unjustly upon himself and his connex-
IONS brand Of guilt, inefaceable and
not to be concealed, but they know that
il is perilous to the interests of society,
that it is destructive to that respect and
confidence with which we should regard
the legal tribunals ofour country, unjust.
ly to injure or crush the helpless and the
innocent. And we must also believe
thai the Jury comprehend fully the i'm
poriance of Furnishing the guilty-the
depraved and absndoned-in order that
the law may be respected, and peace; tie
sanctity and well being of society be
protected add sustained.
Give then, gentlemen, to this case
that careful, cautious, patient and intel
ligent investigation which you are SO
well able to bestow upon it. If you are
satisfied, beyond reasonable doubt,
from the testimony, that the prisoner is
guilty, remember your duty to society and
TO the laws, and permit no compassion
for the prisoner, for his youth, for his
family, no natural feeling of sorrow and
regret, TO interfere with the sierner duty
which the law imposes on you. 1t is
your province to Judge of The facts-it
is our duty TO instruct you in the law
you are informed by the defendants
counsel that in this class of cases, you
can, if you choose, judge of the law as
we'll as the facts of the case, and we are
willing'to concede them this. The pnn-
lshment is fixed by the law-wiib this
you have nothing 10 do. II is your duty
10 ascertain the crime, if any, Of which
the prisoner is guilty; and il is then the
duty Of the Court to proclaim the SEN
tence which the law affixes TO the crime.
1t is neither for the court or the jury to
say what the law should be, but 10 carry
into effect the law as it is. Upon this
depends the safety and well being of So
ciety. As we before observed, gentle
men, the State must make out its case
must satisfy you, from the testimony,
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