The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-02-15

the Commonwealth is of the latter kind; ;
or, entirely circumstantial. No one has
been brought here to testify who witness
ed the deed. No eye, but the all-seelng
eye of God, and of the devoted victims,
beheld the horrid tragedy; at least, no
witness beheld it, who can recognize and
point out the guilty actors. The little
girl, Mary Stibiliskie, there can be no
doubt, was, there about the time aud,
when she heard the scream, or strange
noise that alarmed her, an6 saw, in the
evening twilight, two men In DARK cloth
ing running towards the barn, she, no
doubt, saw the perpetrators, In the very
act of committing the crime but she can
not identify them, or tell who they were.
Tnere is no direct and positive evidence
Of identity. The evidence adduced by
the Commonwealth for this purpose, is,
we repeat, entirely circumstantial in
other words, the Commonwealth has under
taken to prove certain independent facts,
which facts, it is alleged, cannot be reasona-
| blyaccounted for in any other way than upon
The supposition, that the prisoners are the
two men seen by Mary Stibiliski, the men
who provided and used the two clubs, and
committed the crime charged in the in
dictment. The evidence is not any the
less worthy of your serious and careful
consideration. Secrecy is almost univer-
sally sought as shelter from the penalty
due to atrocious crime Almost eveTy
deliberate murder, particularly of the
character here charged, Is perpetrated, it
may be affirmed, in the belief, entertained
at the time, that it will never be detected.
1t was In that view, there can be no doubt,
or to hide and cover up the guilt Of rob-
berry, by sealing in deatt. the lips of those
who might have exposed 1t, that this uu-
manly and revolving double murder was
CON- mitted. 1t often happens, therefore,
that guilt and the guilty caE only be
brought to light and to punishment, by
the evidence of circumstances. That, in
| deed, alone, would not be a sufficient rea-
son for resorting to it, and resting impor-
tant conclusions upon it for no one should
| be convicted OF any crime, not to say one
of the darkest In its guilt, and the most
dreadful In its consequences, except upon
sufficient and legal evidence. But the
law regards eircumstantial evidence, when
the facts frem which inferences are drawn,
are plainly established, and are irreconci-
|
case than that which they are adduced to
prove, as sufficient evidence It is said
by Mr.. Starkie, a text writer of high au-
thority, that circumstantial evidence is
| allowed to prevail to the conviction of an
! offender, not because it is necessary anu
polite that it should be resorted to, but
| because it is, in It's own nature, capable of
producing the highest degree Of moral
certainty in its application" And so, the
judges Of our Supreme Court have deciar-
ed, not only that it is legal evidence, out
that it may exist in such amount, and be
Of such character, as to be stronger than
q given amount of direct testimony. And
this accords with the consciousness and
experience of every refecting man AS
if to provide for case where circumstan-
tial is the only available evidence, God
hath SO ordained, and so constituted the
human mind, that we thus reason to con
ciusions upon which the Judgment rests,
In matters of the highest personal con-
cernment to ourselves. --at
The convincing force and persuasive
power of circumstances, consist in the
known and experienced connexions be-
tween cause and effect, motive and con-
duct, and the known, natural, felt, and
understood relation of things. Every
thing necessarily leading to and connected
with criminal act,-all the circumstan-
ces Of time, place, motive, means, oppor
tunity, and conduct, all join and harmo-
nize together, as part and parcel of one
transaction. When brought together,
they join and fit, like parts of complica-
ted machine, or fragments of some broken
thing. No part will fit elsewhere than in
its own place; and, at the attempt to ac-
count for it otherwise, or falsely, truth
usually asserts her prerogative, and expo
ses the attempted deception Such is the
force and power, the beauty and harmony,
of truth. And SO, gentlemen, when all
the circumstances of time, place, motive,
means, opportunity, and conduct coincide
with the supposition that party is guilty,
and cannot be accounted for on any other
reasonable supposition, their irresistible
tendency is, to convince the mind, satisfy
the Judgment, and fix belief
"Wheu the known and ascertaiaed
facts" says Mr.. Starkie, $50 coincide and
agree with the hypothesis that the dis
puted fact is true, as to render the truth
of any other hypothesis, on the principles
Of reason and experience, extremely re-
mote and improbable, and morally, though
not absolutely impossible, the hypothesis
is established as morally true" 1t is also
said by the same authority, that "the ma
ture and degree of coincidence between
the circumstances and tie hypothesis may
oftentimes be sufficient to exclude all
reasonable doubt, and thus generate full