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

depends upon positive evidence.
Take the case alluded to in the argu-
ment-that of the watch left in room,
no person there when it was left, one
person seen 10 enter, no one else near 1t,
and then when the room was next en-
tered, the watch gone. The point sought
to be established was that the watch was
stolen by that individual. The facts that
the watch was left in the room, that the
room was empty, that the person was
seen to enter the room and leave it, and
that no other one entered, and that af-
terward the watch was gone. AH these
facts relied upon as circumstances to fas-
ten conviction upon the prisoner charged,
have to be established by positive evil
dence. Now suppose any one of the
chain OF facts necessary to constitute the
proof in the case supposed should fail
, to be proven, or that you should be left
, in doubt whether it was proven or not,
then that proof would be good for moth
ing. The circumstances must be estao-
Iishsd by positive evidence. If the cir
r cumstances are not established by posi-
f tive evidence, and so established that
, you have no rational doubt about them,
you should lay them aside, and only
consider such as are so proved, and then
t putting the proven circumstances togeth-
t er, see if they make case sufficiently
: strong. Again, all the circumstances
!. relied upon must tend TO prove the guilt
e of the person charged. They must be
a harmonious also. A circumstance which
!. does not tend to prove the guilt of the
o person charged, might go toward prov
e ing his innocence-it might go far to-
IS ward overthrowiig the circumstances
l. relied upon. Truth, every truth, and
e all truth, is and forever must be harmo-
i nious. The circumstances must be hsr-
IS monious, and they must be reconcilable
z: only upon the hypothesis Of the guilt OF
d the prisoner.
l. When you rely upon circumstantlal
d evidence, { and you have to rely upon 1t
le mainly to prove all the propositions which
,e you must establish before you can pro-
fe nounce the prisoner guilty,) you must
n first examine the evidence, and see if the
St circumstances are proven, and if proven,
n whether they point to the guilt of the
ID party charged, whether they are harmo-
IN nious, and whether they can be recon-
4. ciled with any other hypothesis than that
We of his guilt. If they can be reconciled
or with any other hypothesis, that Perchance
may be the very hypothesis which is the
Z true one And such is the humanity o.
as our law that it will not suffer any person
on 10 be punished unless the circumstance:
d. are not reconcilable with any other by
be poihesis than that of the party's guilt. L
To- is better that many guilty should go un
nd punished than that one innocent person
ch should suffer. Suppose in the case o
us the watch, that tvO persons were seen t
sr- enter the room, and one was charged
A. would not the circumstances be consisten
ms with the hypothesis that the other wa
or the guilty person2
Dr. One more proposition must obtain
re- The circumstances must not only poin
lin toward the guilt of the party, be harmo
in nious, and reconcilable only with the by
are pothesis of his guilt, but they must be
re. sides be sufficient TO establish his guilt
re- If they are not sufficient to establish il
I'm your mind that he is guilty, you ough
usI to acquit. This is, however, very neal
, ly like another rule 1 have given, for
ice not sufficient to prove his guilt, they wi
are be reconcilable with the hypothesis {
III. his innocence.
These are the general propositions b
- which you must judge the evidence
Try You will see that when a conviction
for obtained upon such principles, the Cour
will the Jury and the community will be a
Tou certain of the guilt of the criminal as
r it were proven by positive evidence.
Inc 1 will not further allude to these prir
ian ciples than TO say that they are applies
eV- BILE to all the circumstances relied upon
and if, when you apply these rules to tn
ev- evidence under either of these offence
= you find that any one of the proposition
IKE given as necessary to be proven in ordG
we to constitute the crime is not proven, yo
ellis should acquit the prisoner, either uPo
WI the first offence or the second. And heI
'eo it may not be inappropriate again to enl
the merate the propositions to be establishes
lty Under the 9TH, 9th, and 7Ih counts
ess must be proven that Rollin A. Leet al
his ministered poison, and the kind OF poiso
or mentioned in the indictment, TO Home
and NJ. Leet, with the intention of injurin
'ol- him, or of killing him.
an Under the others, that Rollin A. Lee
ich prepared poison with the intention of a
ministering it to Homer NJ. Leet for ii
uch purpose of injuring him, and that tn
L.