Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-10-10

they furniyh 10 ground for conviction, Of an Of
fence alleged % have been previously committed
The important point = to ascertain what the
delendti,t aid aud what confessions he made, IL
anv in relation 10 bis psriicipstonin the outrage
which Ras perpefrate,i - Sill kouse 1915
Ii the 6eieudsih symnaihxed wiil the perpe
traitors 81 that outrage. or approved of their con
ducr--that. however Tepreben-lbie u may Ice.
would not Justify his convection as conspiratnr
T. ommt that oferse. viihoot proof that he
kfes il wa 10 be perpetr TED and agreed either
expressly by implication to aid in It's oommis-
sion
msn cannot be punished for HE opinions. no
matter how obnoxious they may be. unless some
overt act is committed TO give effect to such
opinions
The creiibiliry Of the detectives who have been
examines should be tested by the SINE rules
which are applied 10 other witnesses. Detectives
are frequently employed To ferret out aud detect
violations OF the law Their services fire.
anentlv of greet value and imporr,uce To the I
Government When they Offered ~ witness
e. by the Government, il is proper to test the
truth or accuracy Of their statements by all the
+ means WEIGH are recognized as legal hy cOuT at
Justice You have right 20 consider how far
that professional pride which usually Great
desire TO- the success of their efforts NAV rlu nee
i their statements You have also right to con
slider whether their constan, practice OF retor'ipg
To devices. tricks, subteriuges and falsehood 10
accomplish their objects. j. calculated to hunt
their moral sensibiiIties and render them more
/ likely to prevaricae, 10 exaggerate. or even 10
misrepresent than persons engaged In other em
plo, ments. All these are proper subjects Tor
| vonr consideration and YOUR conclusions as 10 the
decree OF credit, which should be given 10 their
II tements should be formed in view of all these
matters and in view of all the other testimony in
the case.
IL il also proper that you should consider the
prob ,biIlty of the defendant making such comics
sions as are attributed TO him under the circum
stances then existing lfit Is in testimony from
anv witness that the defendant stated that his
brother shot Frs, YOU should consider whether il
has been proved To vour satisfaction that the
brother referred TO. VIM Ellis. STAYED The whole
ny h of the iction az defendant house, anu
+ that Il defendant knew that fact. 1t such fact
has been proved To YOUR satisfaction the great I'M
probability oi the defendant making statement
thus duplicating his brother, aud which he kne"
L. I've false. should &C least cause YOU TO regard
with d>trust such evidence III regard TO defend
ants statements
{ The de endant has presented evidence OF an
abb The meaning of this term is elsewhere. os
in some other place The object of such proof i
To show that Terson charged with crime war
D &c the time the crime was commlttedat some
other place 80 remote from the scene "a the crime
that il was physically impossible for him 10 have
2 been ther when it was committed
h IL il true ~ stated by the District Attorney
{ that this defense is often entertained with much
n suu<r, because it i easily connected and often
{ resnrted to falsely still t is defense which ~
entitled To the fullest credit when the evidence
p i. :, fiji EFT to satisfy tie jury OF it, truth When
= founded in truth II l. conclusive of the case
f An eminent legal author saws: "Ot all kinds
of exculpatory defense. that of au abb, If ceary
II established by unsupported testimony, is the
mDst satisfactory ard conc usive - Wills on
h Crcnm~tanrial Evidence. l32 The evidence OF
an a!ibi should be carefully considered in con
: nection with all the evidence in the case, and II
i YOU believe it be true. you should not hesitate
e to act upon it and give it iu effect. Five wit
nesse. have testified that they with the de-
J. PENDANT at his own house from shortly after dark
" until about twelve o'clock of the night on which
IL the attack was made AT SiIl's house The CROWD
IL reached Sl's house a few minutes before hal
h past eleven
a The evidence as the time given witt
III about the same degree ct certainty in both cases
ne Attention was called To the clock at defendant
T, house at halt past eleven by some OF the party
n who propose,. 10 leave. Sill testified that he ex
a amned his clock wnen he heard the party ap
proaching In the Absence of any testimony Il
IN the contrary il NAV be presumed that the time
~ Indicated by both clocks WAS correct
The distance between the defendants hous
or and Sill's is about two miles. From these fact
AT l. would appear that the evidence of those wh'
l. were ~ the defendants house can not be recon
Ell ciled with the defendants presence at Sill hous
III at the time the attack was made on It.
n The Witnesses who were AT defendants house o
the night in question, testified that he spent tn
he evenin. in playing cards and drinking lager beer
IN This was certainly not very proper employ
he ment for n s .bbath evening. hut YOU would ma
a. be autharized TO discredt their testimony tor tina
a. reason alone
e MANY per,ons who disregard the Sabbath an
indulge i'm amu>ements which would he general
ii reg arded rs immoral Su>tana high character to
e. integrity and truth. A jury cannot arbitrarll
ia reject the testimony OF witnesses when it i ~
nd contraGiced and the witnesses are unimpe 'cheC
be In determining how Ear the statements of the~
id witnesses are entitled cre,iit, YOU should com
ire pare their statements with the other evidence
d. the case You have right also 10 consider III
manner of their testfying-the probability OF IN
as facts stated bv them--the interest or bias the
III NAV have if anv, in the ca>e-their standing
mt the community in which they reSde--and iroT
cts all these considerations YOU must determine
rs what extent you will give credit To their evidence
ed Ii is the duty of the prosecutor Ia satisfy W
of beyond "A reasonable doubt that the defendant
me guilty before YOU can convict him. 1t l. not 81
Up fcent that there may be strong grounds OF sus
ci picon, that there is prepOnderance OF ev
err dence of his guilt In civil cares jury mu
ee- decide upon the preponderance Of the testimon
er but in crimila, cases the evidence must be sulf
full cient 10 create clear aud decided belief of ii
as defendants guilt. otherwise they must aequ
a him IL after careful examination OF all Il
the evidence you entertain doubts OF the defendant
ery guilt YOU should acqut him.
ia As some reference has been made To the poi
fiji cal opinions of persons who have been referred
in the evidence. il not be improper Tor II
her 10 remark that no political opinions should
zoe suffered TO influence your decision
h. Nothing will sooner DESTROY the influence NJ
OCT moral pow er OF courts OF Justice than a belief
an, the community that their decisions can he ind
enced by political or party considerations.
10; This Court is the arbiter between the Cover
do ment and the accused. Its duty is as much
a.. protect the citizen from false accusation as
"a yindictte the law and enforce obedience to
hs, commands In the administration OF the law,
,od should know no party--no political opinions
NV but holding the scales OF justice evenly poi-ed.
90 should administer the law with equal imp
,,Is tialitv TO all who may be brought before it.
,i,v The Gaze is now submitted for your verii'
and il is for YOU determine whether ne e.
deuce proves that The defendant is guilty OF 1
-" offense with which he il charged
zed
o. From the Chicago Post
ons The Lawrence Uassacre-.>uppre
de of the Truth.
NJ The Rev Mr. Culver of this CITY, who "