The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1861-02-16
miscellaneous.
Circumstantial Evidence.

to an attorney who asked hlm If o case would
lie, Yes: if the witness will lie too
Archdcacon Paley. fnr whom Lord Broughan
had and has the profoundcst reverence, has
remarked. with less wisdom than was his
wont, circumstances cannot lie." That
witnesses are not to re always implicitly be.
licved. convictions for perjury sufficiently
sNow-the evidence given by the Police be-
fore metropolitan magistrates labours under a
suspicion of not being immaculate and the
smallest experience, especially in our County
Courts, demonstrates to an observer that
whatever plaintiff y asserts, the defendant B
confidently conlradicts. That circumsan.
tial evidence cannot always be strictly relied
on. is proved by the melancholy fact that in
nocent men and women have been legally
murdered in England witness Eliza Fcnnng,
Ambrose Gwynett, and other cases
The presumptlonS Of facts, as we'll rs Of
oral testimony. are the province of jury,
who. need hardly remark. do not invariably
concentrate in themselves the quintessence Of
the sngaciy of Solomon. Solon and Socrates.
The most prolix judge who ever proved by
verbose ora'ory to jury that a good hdvo-
cate may make bad Rhada,uanthus, may
lay down thc law and attempt to eucilate
the facts; but the "twclve intelligent men, "
though " men Of experience" and men of
the world" nevertheless say guilty" or
- not guilty" and they frequently do so after
long discussions. to which it would be mar.
vclously tdlfying to listen. Not that wish
to nSSail the Palladium of British liberty
let that ark ofpoitica and personal frlt dom
remain Tor ages yet to come inviolate.
Who has not heard Of 1.-The story of the
hrpt Il If
exist. many ofthcm equally Incorrect. They
travelled to seaport-town together all argu-
ment. voclicrously conducted. ensucd after
dinner; they Slept in double-bcddcd room
one ofthe brothers rose at three o'clock of a
tine summer morning. and wandered to cliff.
lie was seized 10y hmusgl.rS, whom he detec-
ted IN bnryng pnncheons of spirits. They
were too amiable to murder him. aud merely
put him on board YES. cl which was bound
for the West Indies. Meanwhile his brother,
who, after mis- port wine aud altercat ton, had
slept The calm Sleep of innocence, awokc' in
the morning to find his brothers pillow COW
cred with blood. and his brother missing
1t can be easily believed that when he rang
the bell and summoned the landlord, his pro
testations of innocence were fruilless, and he
was soon in the hands of the myrmidons of
,hc law. Stains Of blood were Traced from
the bedroom to the edge of cliff. where
marks of u scuffle were found lie was it,
dctcd for murder. aad defended by counsel
Every effort was made to save his life andhis
HE was saved: but not iu the way my rca-
derS may imagine.
The interest Of this terrible drama is en-
HANGED by the fact that the unfortunate man
was engaged to beautiful young girl, who
was present at his trial, believed to the last
in his innocence, and left him. after n heart
rendlns interview, in the condemned cell.
In those good old days men were not hang
ed in front Of county goals, but on any adj.
Jacent common considered suitable for the
spectacle. The victim in this instance was
taken TO the place Of execution, and construc.
lively stranglrd, ut meius nd omnes perreniat
When the laws last vengeance had beer
wreaked. shepherd, wandering near the
spot, heard low moan, and cnt down the
pendent half.choked man He Terminated
in bis rude way this creature whom Provi.
dence would seem to have saved by means
miraculous us ever such intcrpos,tion coulG
tie. lie assisted his escape, and communica
ted with his now sti! more frantic betr otlcd
whose relations supplied the necessary money.
~ h'6"" AAC was piuecu VII ousiu d RcSStl u
the Channel bound for Barbados and the
first man he met in Roebnck street, Bridge
town, was the brother for whose murder h,
had been wholly convicted and half-hangcd.
Their interview may be imagined Ernest
had left Walter asleep: he had been seizct
with n violent fit Of bleeding ut the nose
which would account for the blood upon thu
pillow, and for similar stains which, as
have stated, were traced to the cliff. How ht
fell into the hands of >mugglers have al
ready narrated This. of course. we'll nj
thchticatcd but rather improbable stor,
proves the inlalliblity of the " twelve intelli
gent men, 1t is human 10 err, and it l,
humane to err on the side of mercy : but
shade Of Psley. reasoning still OH Evidences
aud Natural Theology, seeing in the light o
fruition what you prcscicntly OWNED and elo
quently expound,d, l ask you cannot cir
cumstanceS lie ~
About forty years ago, at one of the
provincial assizcs, a gentleman was tried ant
convicted upon circumstantial evidence of tlI,
murder Of his niece. She was heard to ex
claim, Don't Kill me uncle Don't kill me !!
and that instant u pistol or fowlng piec,
was fired off. Upon these circumstances III.
gentleman was convicted and executed
Near twelve months after. the necc. who ha(
eloped, arrived in England, and hearing 0
the affair, elucidated the whole transaction
1t appeared that she had formed an attach
mcul 70! person Of hom het uucle disap