The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1864-06-16

in his pocket book; I changed some money for
hin. and he laid his pocket book down on the
counter from the appearance and size of the
bulls should Judge there was two or three
nuuired dollars. tThe picture OF Laura J
Harvey shown witnessl I think the picture
is the picture OF the young lady in nv store.
they were in my store some two days befure
| the p st mortem examination. / saw the de.
/ icndant in the Jail here. he said he supposed
4 ne was the McComb the people hal been hunt
] ing ior;;. that he lived at Rockford, III. that
ne ne ala not know any other McComb there Of
| his name
Cross examined The young man that want
ed tne papers suppose was Lawrence; / form.
! ed my opiniun of the amount Of money from
the size Of the bills saw on top
8. II. Durfey re.caled.-I have not seen
Mr. Burton or the other attorney: 20 converse
with them 40
| ]. W. Wilkins re called There was youno
man and lady with the prisoner: they wers
not atn'y house long. they took supper there
aud Went out to lodge. Defendant said moth.
sng aoout any amount of money; he said that
1 1 ought to have accommodated them. th., h.
had plenty OF money tot pay his bills,
Cgoss examined. Defendant said some tb;nya
that he led N. to think that there was ,ome-
thing improper. tlgT
J Dr. fnraii re called I'm nv opinion tho
wounds. Oh the head weie made with an in
strumeni of some weight, it might have been
vai, nut nota sha"p cutting Instrument; tue
surface VI the instrument did not exceed an
lnCh or an inch and half i'm diaineter
thiik hammer would produce the wounds
tnat 4 found on the girl on the he sd.
the state here ciosed its testimony. The
uelendant did not introduce any testimony
Ine case W. tnen argued to the Jury bv
amos Harris, Prosecuting Attorney. and n.
b Hendershot., and on the part Of the De-
r, aendant by W. J. Williams and J. G, Knapp.
ne case was given to the jury under the In
strqctons OF the Court about O'Clock Satur
day evening.
CHARGE OF THE COURT TO THE JURY.
The State OF Iowa. at's9
.. ls ..a VS.. 80 - y44tf aa
Benjamin A. McComb.
The defendant BENJAMIN A. McComh :,
accused OF the crime of murder. iiI
/. The Indictment specific and charges tn,
said defeidant dld, on the 2sth day of March
IN tue year OF our Lotd one thousand eight
hundred and sixty. wilfuIly, deiberat sly. and
" ms ace-aiorethought kill and murder one
Laura j Harvey, at the county of Wapello. in
this State; of these facts you will inquire. and
u you hnd the facts Is charged by the State,
you VIII lind the defendant guilty:
y Ihe killing Of a human being with mall
ICE aiore thought, either expressed or i'm piled"
u murder :"
g. II such murder is pcrpetrsted bv poison
or lying in wait, or any other kind Of wiuul
dehoe' ate or premeditated killing, or, in the
perpetrat'on or attempt to perpetrate any ar.
son. rape, robbery, mayhem, or burglary iii.
mnrde in the first degree.
Every other kind Of murder ia pnurder :,
the second degree r.as ~ - -
D. fhe defendant has pleaded, not puiltv "a
me charge so solemnly made against him Tb;.
plea puts in issue, every fact, material 10 hs
established to insure the defend ants conv;c.
t,"n, and throws the burden of proof upon
the State, G5 1po''
=. IL l. incumbent upon the State to es..b.
hh by proof beyond reasonable doubt ev
cry Tact material TO defendants conviction. h.,t
you VIII not acqnit upon fan cful doubts or
remote conjecture Ii the evidence tendino
10 establish these facts, is of a character so
tuii, satisfactory and reliable that It would
lead you to act upon IT in the more solemn and
important affairs OF life, it will justify verdict
ot guilty at your hands. g'
lhe character ni the evidence introduced
oy the hovernnent, and upon which con.
victfon Is claimed is what is called ..e;reum.
stantia'.' rs eon' RIA. distinguished from direct
evidence. 1t often hlppens, in fact. il maxha
said u generally happens, tha the guilt or the
ip"tpsFutor OF crime, must be established IL
Established az al, BY such evidence Fron
the very nature crime itself, from the secrecy
w'th wnich It IS sought to be committed, iii
hsfn,! diWcuit to procure direct evidencse
oi the fact, that is, to find witnesses who w;,i
swear directly to the fact of the commission a.
the e'ime oy the accused butexperience teaches
US tnat we can arrive at truth From ..ind;rr.tn
OF circunstantial' evidence with almost ~
hot quite. lhe same certainty as that of dir.ct
esid' nee ''lndirect' or crcumstantial evi.
fence Is evlde zee tending To establish a given
tact on facts, from the establishments of Which
a'otner iact may be fairly and logically inferred
to exist fact is said to be proyed by ar.
cumstantial evidence" when sieh fact IA Io.;.
cally presumed to exist from other fact. knoSn
'ooe true OF proved TO be so This kind Of
e''aehee is based upon experience" and ANAL
.ogy. experience teaches us that there 4
Pef"anency In the order OF nature. both i'm
morals anu physics: uniformity in the relation.
oi things; 10 cause and effect Analogy teaches
Us l'at itcts similar in their p p,rticulars are
produced by simi causes OIL follow ed NV elm.
liar effects. Experience" teaches us ,ba,
where certain facts are known to exist. We
may safely infer the existence of a certain 9th.
or Tact or facts. bearing certain relations IN
such former facts. III this uniformity in ths
operations OF nature, in the r..a tions of canss
ana effect "a taught by experience. rest the
ioctrine 81 &c rcumstantial evidence The
saine OF such evidence depends upon the mum.
N '"P"is'hcS oI the cotateral FACTS the
intimacy OF the relation between the collateral
iaets AID the certainty with which these col.
lateral fict- hare been established. Its force
ma effect In criminal causes depends 10 s.me
sxtent upon the incapabiIity Of solution unon
'hy hypothesis other than the truth of the
'inain fact sought to be deduced, Annlyinv
these rules and principles to tie cas-. .t The har
it is Tor you to say whether the main fact ths
charge that the defendant, BENJAMIN a Nc.
Comb did murder Laura J. Harysyn has be.,
proved. WI"
10 convict the defendant::upon circum.tant;.l
sVtdehec the circumstances in ev dence must
not only concur to show that defendant con-
united the crime charged, but mist be snch :.
70 eroiude every other rational conclus,o on or
hypothesis.
1t isnot sufficient to establish clearly tho f...
mat the crime charged had been comn,,ted
out the defenda,a committed il. and this fact
mast be proved beyond a reasonable donht
Malice aiorethought" is an essential inrr.
dtent IN the crime OF murder, whether il he mnr-
der in the first degree or murder in the second
degree "Malice aforethought' is a IerslinEE
ference to he drawn from ths fact Of kill;n.-
that Is to say. when the killing is proyed ,hs
malice will be presumed This rrrsnmn.;or
- :: legal conciasten andis spfEeiently 'estsb-
nshed BY proof Of the killing without proof Of
express malice.
10 constitute murder In the frst degree IL
requires other aud roie ingrei lent, than tb.t
OF malice atorethought. The killing "a ne mrr.
aer IN TN, nrS degree must "a Il only In, heen