Eastern times. [volume] (Bath, Me.) 1846-1857, 1850-05-23
MISCELLANY
1T is only CircumstantiaI.'

This is stereotyped phrase which we of.
ten hear dropped from mems lips, when a
long chain of circumstances, unsupported by
direct evidence, goes to fasten an atrocious
crime upon a particular individual. And
when jury after carefully examining the
chain link by link. and finding all the paris
nicely TO tally-sO as 10 form u complete and
connected whole which binds him irresisi;-
bly, 10 the crime-pronounces him Guilty. a
cry Of complaint is raised that he was
convicted on evidence only crc,anstantial >
There are many people even, who, though
clear-headed enough on other points, seem
to doubt whether any amount of circumsian-
tial evidence can warrant mans conviction
of murder. But carry out this doctrine in
practice, and what would be its results TO the
community Would it not be offering
carte blanche TO every cold-blooded villain to
commit crime with impunity, provided he
only did it in secret! Who is ignorant that
nine-tenihs Of all the capital crimes are thus
committed, and that it is only by circunstan-
tial proof that the guilty one can then be con-
victed? Villains, il must be recollected are
usually cunning and cowardly in the execu-
ton OF their schemes; they do not commit
murder in broad day, before "a cloud of wit
ncsses; above all, they do rot blow trumpet
or ring bell, to summon all the world 10 see
them perform their arocious designs. Ia the
very nature of things, therefore, the evidence
to prove their guilt must be circumsiantial !;
and to acquit every accused party who cans
not be convicted by direct testimony, would
be to set free nine murderers out of every
ten, again 10 imbrue their hands in the blood
of their fellow men.
| Ii is true that circumstantial evidence is
sometimes deceptive, and upon the strength
oft innocent men are hung upon the gaows.
| Unfortunate this indeed is; but Just so il is
with direct testimony. Do not witnesses
swear sometimes point-blank to falsehoods I!
May not men of unimpeaclabe character,
| from motives Of revenge, or 10 conceal their
own guilt testify directly that they were
eye-witnesses of a murder, and indemnity an
innocent individual as the criminal, so as to
procure his conviction and execntion? 1t is
easy 10 conceive Of cases where the testimony
oftwo or three DerJured villains, who have
joined in some cunnlngiy devised plot against
an intended victim-aided by some indiscreer
conduct OH his own part might be enough
to hurry him 10 the sca1old. Such things
have happened, even within a few years,
and the history Of capital convictions, if Ihor-
oughly searched, we d0nbt not would show
that as many innocent persons have been
condemned upon the most positive and di-
rect testimony as upon circumstan,al proof.
| To our mind, the latter kind of evidence is
even more reliable oftentlmes than the former.
| Direct testimony may be manufactured TO or
der-circumstances, except TO a very limited
degree, cannot. Among the host of twitness-
es usually called to establish the guilt OF an
accused party, where circumstances ure Chief
| ly relied on as proof, it is easy TO show a
clashing of testimony, if any prevaricate or
swear to Il lie. No web of false evidence
woven by so many agents, and involving SO
many minute and complicated particulars
could endure the test of legal scrutiny. In
some paris there would be cbasms, in others
contradictions and, il such patchwork did
not betray its own weakness, rigid cross
examination would quickly scatter it 10 piec-
es. II is impossible TO conceive of twenty,
forty, or fifty persons conspiring successfully,
| if at all, TO procure an innocent mans con-
victon. n human intellect could harmonic
The immense body of facts TO which they
would testify, If more or less of the state-
ments were false; there would always be
some links in the chain which would not
tally with the rest, and thus the whole would
| fall 10 the ground. For this reason, we re-
gard series of indirect circumstances, all
| tending to establish one hypothesis, and
reconeilable with no other, as the most con-
elusive possible proof of guilt, in trials where
even life and death hang upon the issue
| Yankee Blade.