Western Reserve chronicle and weekly transcript of the times. [volume] (Warren, Ohio) 1854-1855, 1855-04-18

II
do this it is not necessary to show that
he administered it with his own hand. Ii
he procured it TO be done, and another
hand actually administered it, it was his
own act.
But it is not sufficient to prove that he
administered the poison alone. 1t must
have been administered with an mention;
the intention to take the life or to injure
the person of Homer NJ. Leet, the person
TO whom it was administered. Then, 10
constitute the crime, the de-
fendant must have administered the poi
son, and with the intention to destroy the
life or injure the person Of Homer NJ.
Leet. Now if he did that, he is gully of
the offence charged in these counts of the
indictment, but if he has not done that,
and all of that, he is not guilty.
1 will proceed to the other branch of
the offence; indeed l may say to the
other offence; for there are two offences
charged.
The second clause of the statute makes
it criminal for person to prepare poison
with the intent to destroy human life OF
injure the body of another person, il
some other person than the one for whom
it was prepared shall take such poison and
be injured thereby.
To cover this case, the indictment
found by the Grand Jury, charges thai
Rollin A. Leet mixed four grains ofstrych
nine in a certain medicine called Hoof
lands German Bitters, knowing it, the
strychnine, to be a deadly poison, ant
intending by it to injnre Homer NJ. Leet
and that Elsie A. Leet not knowing it t
be so prepared, drank it, whereby she
was injured; and some of the count
charge that she died thereby. To con
stitute this offence it is necessary for tn
prosecution to establish certain PROPOSE
tions. The first is, that the poison wa
Of the kind named in the Indictment, viz
Strychnine, and that it was prepare,
with the intent to destroy the life, or in
jure the person of Homer N. Leet, an
under the counts which mention tn
manner of the preparation, it would b
necessary to show that, but there al
others which do not mention the form
1t must be the poison named it mu
be prepared, and prepared with the in
tention charged; and being thus prepare
it must have been taken by the perso
named in the indictn ent to wit, Elsie
Leet; and she must by means of it hav
sustained an injury, or become sick, {
died.
! Then how say you under this branc
of the case, from the evidence. Wa
strychnine prepared with the intentic
of destroying the life, or of being al
ministered to Homer NJ. Leet for Il
purpose of destroying his life, or of d
ing him an injury? If you cannot fl
thai fact, there is an end of this brant
of the case. But if you find it was tn
prepared, was it then taken by the pc
son named in the Indictment, Elsie !
Leets and next, did she by this mea
lose her life? If she did, the crime,
as the lawyers have called it, the "so
pus delicti" has been shown, and the r
naming question would be, did Roll
Il. Leet prepare the poison with the
tenion l have indicated; and if you a
satisfied that the poison was thus pr
pared and taken, and that it was pr
pared by the prisoner, you must retu
a verdict of guilty, otherwise you mt
find the verdict of not guilty. This,
believe, shows the nature of the often
you are to try, and what propositions a
necessary to be shown by the prosec
ton under the indictment.
We will recur for a few moments.
Having seen what in law it is necessa
10 be shown to constitute the crime
which this individual is indicted, it "
be your duty to weigh the evidence y
have heard, and determine whether
establishes these propositions. Here
Cour, can give you no further aid th
to enunierate to you the principles of c
idence which relate thereto.
There are in general, two kinds of {
! idence positive and circumstantial.
, Positive evidence is that which we ia
cognizance of by the senses, which
see and hear. When a witness te
what he sees and hears, and takes knoI
edge of by his senses, it is denominal
positive evidence of such facts but t
,rorh of that evidence or It's credibil
. depends upon the character of the witn'
, as you learn it from testimony or from
appearance on the stand, upon the opp,
: tunities he may have. had to see a
. know,-upOn the accuracy Of his rec
=. lection as it may be evinced by his m;
n ner. = and upon circumstances VIII
q the testimony may bring forth.
$ But many things in relation to 81
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