New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-11

cused in the commission of the crime charger =, o.
the main fact TO be proved ana es'aD'n. .r 70 the
easel IL follows that if any one tact neceosay :,
,copclusion ia wholly inconsistent with no nyP ~ 80
of the guilt Of the accused it breaks inc eneu a.
cumstantial evidence upon which inc oonc;,
pend and however plausible or obe mus, f,i
the other circumstances may be, the cna.e NJ,
The circumstapces ali taken together mus DC VI 90
elusive nature and tendency leading On .n7 ~
satisfactory conclusion, ana ~ ssad Cd ~
sonable and moral eeTtaus .,a cb.,ged IL IA No,
one else committed the Onense chargeu' IL Is MOI
So, tbs, these facts and circumstances create
nrobsbili,y though strong one, ana H. therefore as
tun;nc IN .be facts 20 be true which the evidence
.end 70 they may the accounted Tor on any
,sos; which does not include the guilt Of the
,hen the proof fails to make out the charge. Ii IL
sentaI therefore, that the circumstances taken as
,.hoIe. and giving them their reasonable and just
,,eght and no more, should TO moral certainty er-
clude every other hypothesis We must first be salts
fed a. have already stated that the evidence esao-
shes the corpus deo ~ II Is termed, or the ohense
committed as charged that "a, killing; and IN a case
ofhOucIe like the present you must be satised NOT
OILY that the death of the deceased by violence,
but must to reasonable extent be satisfied tnat you
Gun exclude the hypothesis Of death oy suiclde, or
death by the nct Of any other person 10u mus DC
satisfied Of this beyond any reasonable douDt. fhHy
II upon such proof there is reasonable doubt renaiu
ing the accused IL entitled 10 il by an scqutai ~
not sufficient TO establish aprobabilty tnoush y, ,hs
ope calculating upon the doctrine oil chanoo' s." '
fact charged IL more likely 30 be true tnan INC oon
tT.ry. hui ss already observed the evidence must
establish tire truth 10 reasonapie anu io' q, o0J
"A certainty which convinces ana drecto VIC uu.oi
Standing and satisfies the reason ana 'ne VI
fhoSe who are bound cOnsclentlOusIy 10 act upon IT,
hese rlles which are derived mainly from the csse
ofThe People VA. Webster, laid down bY the supreme
Court Of Massachusetts,, are well laid down by Ed
nonds Justice in the case OF Poly bodine ana as they
are briefly stated by him. win call your attention to
TS,. Tho evidence exclude moral certainty every
cher hypothesis but that Of guilt II reconcile the
M, thai proved vita the beo supposon that the p
sD Is that somebody else committed the guilty
I'D then that hypothesis which the law requires does not 81
Ia n your You secondly ~ bear In mind that cir
sometimes fabricated innocent persons falsely
es,d for instance uncle arrested for the murder
a. niece he heard ehasng his severely and she
.ss heard cry cot you will kill :" she afterward
+oory interested In death He endeavored to hms.
~ dressing Up smother child TO his niece. That very
-, Ths an convicted child returned
ZONE hyps sCped n & Of her
onsy the minds Of the jury Fabrication is often resoItcd
The Ts a. suggestion Gn Of guilt must follow from
- he ss be eonstent with all Of them, have before
Indicated TO you
With these rules, gentlemen, and bearing them in
mind we will now proceed to consider the case before
rs The theory the part OF the prosecution Is ths'
the prisoner at the bar committed the onense Ghalgeu,
and they state that she had the intention 10 40 So oy
reason OF the threats that she used and Sentieen
the law regards threats, if used by person having
the power and opportunity Of carrying them INTO exc
cution and the result threatened has been produced
A. strong circumstance TO fasten the guilt upon tue
marty who used those threats expressions vi nten
hon They are circumstances Of peculiar Importance
and often controlling. Ii becomes important 10Y you
therefore, gentlemen, 10 consider the proof OF the
various witnesses in reference TO this MATER ana care
fully 10 ascertain if any such threats OF intentions were
ayoyed by the prisoner at the bar, previous to the
death Of the deceased. do not think u necessary
after the very able and full comments OF the learned
counsel in this upon the evidence, 10 go over
ii particularly with you 1 have observed our
nj hat haU hppn
listeners to the evidence, and 1 have no doubt
III the prominent points Of deeply enssven on your
.S tt.oPy H Gss thst Of Hannah Consn Davis police
onoer wilson and some Others Of less ugnhcance. Ihese
syed il shows an intention ON the part to in
h injury tbs deceased either for real OF faneed
between the deceased and the prisoner On the part OF
l people II sh.sn that they hst became nnsHs "a
COsn TO be believed about the let Of December following
The deceased the father That the lat Of May following
the deeed rented portion OF his house 70 ths o
I'm. az his death IL would seem 70 quite certain that
tns they not very friendly terms II the witnesses
toward each other you say gentlemen whether
these feelings resulted from wounded PRIDE unreq'ed aztec
the OF the deceased 20
M his pghted her proceed from other causes You
ba in mind that there s much testimony gong 70 :noS
and others that he was paying attentions to the prisoner WIZ
oordns the statement which the prisoner made 70 tn 1oo
ne which well remarked by the District Az
he had hight put the deposition in the case aud the
council the accused had wished to sustain any par" oil II
very little Importance whether th" deceased was or va
m dos moi seem the view take Of the TO be sn mpor
sn oonsdcaton IL satisfied that they were 80 mar
Won tnk these adequate satisfy minds that eth
thes threats of revenge TO have satisfaction or these
pressons feeling from this would be
sti6.d 10 arbuus them that IT, on the contrary
you think they proceeded deadly hate to the and
Indicated fixed dets naon her part 20 do HIM personal
injury and the extern expressed then they are to be taken
strong evidence OF sue an intent ana II yGI are d
have committed the oaense charged they are ev
duce such accomplished This leads to another
inquiry could the defendant commit the offence charged And
this bnl geLensn TO the consideration Of the
ndspuabe that arranged in the early part Of
day that Helen Cunningham. the daughter of the prisoner
should 40 with Dr. Bceeher the pex day at ii o'clock to Sara
o Spsinrs 10 school this made
hs family for that event Taxing tine
Conlsn would appear that all the me6eIs OF the iany me
d III N O'clock i'm thesc prpara,ions when they severally
retired TO es, the prisoner and her daughters occupying
,be bed according to their statement 10 the hnd story
foat ROOM that they occupied until the prisoner
lepns the middle between the two daughters, that they
the lnoruing and all TOOK breakfast a,
except Mr. Ecke who called by note from MI Ey
he proved; that after breakfast they al returned 20 ,ne
spament togeth this third story ot ipon wneIe .neS
Hannah the cook announced 20 them tho ieath OF
10 dc de of their mother on Friday and satur.
Now gentlemen II this statement Is true II the tcso-
and there is nohng going shs that they hsSetold what
doubt tina, the prisoner did not Pacip
and deliberate examination Of the testimony sitting thorough
D. taking into consideration all the relations OF the witnesses to
he prisoner and the circumstances narrated by them and
credited discedcd by other witnesses to whether y IL
zach testimony you safely rely npon In this
ais proper to consider the theory the announced the
N OF the prosecution They rely upon the threats by the
toward the Decreased and the bitter ieehn o. w
which she frequently manifested toward him that having
been married TO DESTROYS of getting speedy
OF part property which the nduccment 20 the
commission Of this that these motives which are
suAted her perEerate this crime adequate motive.
therefor do think necessary gentlemen, TO so into All
the urged upon you BY the counsel OF the