Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1858-12-04


10 the salts which were given her.
Circumstantial evidence Is where fact
or series Of facts are proven, from which
an inference is drawn Of The existence of the
principal fact, the subject at issue. As in a
case Of larceny, il the property stolen be
found recently after the theft 10 the posses
sion Of the person accused, il is inferred that
be stole il; or TO give another illustration,
IL tracks be found leading from the place
from which the stolen properly was taken,
Of the size and appearance Of mans
tracks, we infer that they we're the tracks ot
the man who stole the property. II it be
further proved that those tracks had peculi-
arities showing that they were produced by
boot or shoe, or made in an unusual
manner, or was in a peculiar condition, aud
such boot or shoe be found, and to whom il
belonged, we infer that the tracks were his,
thus by inference ascertaining the guilty
party. And this inference may be more or
less reliably drawn according to the nature
aud character of the circumstances leading
to the conclusion.
These modes Of proof have their advanta-
gos and disadvantages From positive proof
the chief danger arises from the perjury of
the witness. From crcumstantial evidence
from drawing the conclusion without suf
ficient care, rashIy or from the influence Of
bias or prejudice upon the mind, or from
lack of discrimination Of judgment, the con-
cusion is improperly drawn. 1t is by the
latter kind of evidence that crime is most
usually established, and we may safely say
such proof may be as satisfactory and as re-
liably certain as that by positive evidence.
Indeed, one learned Judge has said u may
be more conciusiUs.
Among the rules applicable to this. kind
of evidence, is:
First The circumstances upon which
the conclusion depends must be clearly es.
tablished by proof and it has been said that
they are to be proved by the same weight
of evidence as if each one were the main
fact to be proved.
(The circumstances taken together must
be of a conclusive nature and tendency not
creating probability merely, but a moral
certainty. If taken as whole, they are
consistent with any other hypothesis than
the guilt of the accused, the proof fails.)
Second. The facts proved must be con-
sistent with each other, and the main fact
to be proved. T
In this connection, gentlemen, | will say
a few. words to you upon another but some
what analogous topic. Every fact which
constitutes an essential ingredient in the
crime with which the prisoner is charged,
must be established by the proof and be-
You'd all reasonable doubt. What is meant
by all reasonable doubt? 1t is, perhaps,
more easily understood than defined; it is
not absolute certainty, or beyond all possi-
bility of doubt. Such results do not apper-
tain to moral evidence. But the evidence
must establish the truth of the facts to a
reasonable and moral certainty--a GER
tainty that convinces the understanding ard
satisfies the Judgment of those who are
bound to act conscentiously y upon it; or,
using other language, the proof must pro-
duce such convictions upon your mind as
you would act upon in your own grave and
important concerns.
There is another point upon which Ihave
been requested to state to you the law.
1t is conceded the spring and forepart of
the summer Of 1857 the prisoner was liv-
ing in state of adultery with one Augusta
Wheeler; they separated in July. The
State claiming this separation was intended
to be temporary and the crime charged was
perpetrated to enable the prisoner TO resume
his connection with her as mistress or wife.
1t is not denied by the prisoners counsel
that this adulterous connection and the cir
cumstances connected with it furnish the
motive to induce the crime, if crime is
otherwise proved to have been committed,
but it is denied that this fact can be used
in proof of the body of the offanse.
In most cases motives are an important
subject Of consultation and they are especial
ly so in cases Of death by poisoning. But
from motive to perpetrate the crime the
jury would not be warranted in inferring
that the death was caused by poison admin
istered with intent to kill But the proof
of motive may be used as tending to desig
nate the guilty party, and to remove any inn
possibilities that might otherwise exist that
the accused should have perpetrated the al
legged crime.
| am also requested to call your attention
to the truth of the evidence which relates
to the prisoners flight. Formerly fight
was regarded as strong evidence of guilt
In later times less weight is given to the
mere fact of fight. You should look, Gen
tlemen, to all the circumstances attending to
the explanations which the prisoner gave at
the time, see whether these explanations CO.
incide with the facts proved, and from the
whole combined, draw such conclusions as
you may deem just and fair.
The indictment is founded upon the lst
Section of the act for the punishment Of
crimes, which reads AS follows:
THAT if any person shall, purposely and
OF deliberate and premedt ted malice, or 10
the preparation of attempt to .perpetrate
any rape, arson, robbery or burglary, or by
administering poison, or cause the same to
be done, kill another; every such person
shall be deemed guilty of murder in the
first degree, and upon conviction thereof
sha ! suffer DEATH"
AS applicable to the case before you, the
language of the statute requires no explana-
ton; no question being made, but that if,
the act charged against the prisoner,or prov
ed to have been done by him with the in
tent to kill the deceased, they constitute
against him the crime Of murder in the first
degree.
The indictment contains three cOunts:-