The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1850-04-02

have made your charge-proye it, This is
your right, and perhaps your only one.
3d--The governments evidence.
Evidence is direct or circnmstantial. Di-
rect evidence is where a fact is established
by the personal observation of witnesses.
Citcumstantial evidence is, where certain
facts arc proved, and from these facts the
principal fact is Inferred
The means of error are greatly multiplied
by circumstantial evidence, and consequent
w it is much less to be relied upon. Wit
ncsscs may swear falsely to the facts and in
addition to this source OF error, our corcu-
sions, drawn from the facts proved, may err.
| We are always drawing incorrect corclu-
sions Multiudcs have lost their lives by
Incorrect inlerenccs-no so much by the fall
sitv Of witnesses, as by the fallibillty Of iu-
rors in drawing then conclusions. Circuhi-
stances may not lie, but the witnesses may,
and the conclusions drawn from their testi-
mony may liz.
Certain rules have been established to
guard to some extent, against the evils OF
circumstantial evidence; and first, every
circumstance relied upon must be proved
beyond n reasonable doubt. If there is a
long chain OF circumstances. and any one
fails there is an end to the whole natter
Secondly lie circumstances proved must
establish the prriicular hypothesis set up
and thldly, they must support no other by
potc>is If the prisoner may be guilty o
may he innocent, the Jury have no discre
ton, but must discharge the prisoner. Mr.
Sohicr here read from the books eases tt
show the danger of relying upon circumstan
tial evidence
There are two divisions to the case of til,
government. The first to be established is
that DR.. Parkman WAS murdered because h,
was never seen TO leave the college, and sec
ondlv, that Prof Webster murdered him
Now, if j, should turn out that DIR. Park
man left the college. one link in the chain o
circumstantia evidence is gone, and with
the whole case. The ground that is takei
by the defence is that the circumstances d
not prove the crime charged beyond rcas
enable doubt, and that they are not conss,
cnt with the theory of the guilt Of the pris
, oner.
lih, wha, we intcud to prove.
We do not intend TO produce any cvidenc
10 explain how the remains came in the lal
oratory. We canno. do it, We can cxpla
it only as the government can-by hypothc
sis. In regard TO the interyiew;t 90, we ca
adduce no evidence. The evidence is wha
, the parties are by themselves. Oar evi
dence must be circumstantial.
The evidence will he simply this As re
, cards the nature of the crime, VT shall in
troduce the character of the prisoner I hi
evidence is of great weight in doubtful case
though not so where the crime is direct
proved. a man in doubtful cases has
HIGHT TO be judged Of by his character.
will be for you to judge whether Prof. Wei
stcr is man TO commit u cruel and blood
, act.
We shall introduce proof how Prof. Wei
stor spent his time for the week succecdin
, the time when the crime is alleged TO hay
been committed. And we shall also intrt
: dnce proof that DR.. Parkman did come oil
, from the Medical College. Though tn
may have no bearing upon the remains b.
/ ing those of DR.. Parkman- it may ha,
much to do with Prof. Webster having mu
dered him.
1t is not true that Prof Webster has nc
been in the habit of keeping his doors fas
ened. For 4 short time, owing TO havin
new wa,cr-p pipes, he had left his doors opei
I but not usually We shall show at what tin
he left the college on the day Of the allege
, murder, and how he passed the night W
shall show that he was ut home nearly ever
;, night TO tea. Upon collateral points. "
sail offer testimony 10 contradict some O
. fered by the government
Il AT ten minutes of G. Mr.. Sohier CLOSE
his opening Argument, having occupied !
. hours