The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-02

may be detailed by biased witnesses, may be ar.
ranged by enemies, and may be what Mr.. Bontham
and others call - false facts.D
To these or other sources Of error may be traced
have been SO often relied upon by defendants, and
which had been so frequently cited in Judge Story's
Of the isw.5 tU. s. VS.. Gilbert @ simmer, 10, ~
What then, are We to concludel Shall we re-
ered or hs Wo resoye 20 do oup %Soe d1ty
in life, making the mistakes Of others our beacon
To resOluteiy conclude that we will not be gov.
erned by circumstantial evidence, is, as we have
seen, to close our courts of justice;
1t is susceptible Of demonstration that positive
suits. Fsisoh6od generally fabTicatos direct evi.
And we could not even act upon confessions Of
guilt for the trials Of the Perrys and of Captain
to D. 824 show that the fullest admissions Of guilt
cannot be relied upon; In, the hrst case John
Perry actually acEnoSledged that ne was b aoceS
peared in full life after the execution Of the deten.
Let us, then, endeavor to ascertain the rules
which should govern us In efforts to roach the
truth in a particular case. They may be briefly
First We must of course guard against the false
ststensn Of witnesses: This applies whether
Second. In cases depending upon circumstances
We must take care to see that they could not have
By %s Sppy the
following rules, in order to decide upon their force
Third We should draw therefrom no inferences
save those which entirely fair and natural and
which are reasonably and morally certain.
Fourth. We must see to II that each fact on which
we rely is INDEPENDENTLY proven, and that each is
consistent with the other.
Fifth. Each circumstance relied on to produce
conviction must be consistent with guilt, and with
guilt alone.
And lastly. We must guard ourselves most care
fully against any preconoeived ideas, which might
lead us to reason inaccurately from facts In paru
According to Lord Bacon, there is a natural ten
dency in the human mind to suppose greater
order and conformity in things than actually exist
Mr. Burrill (Oircumstsntial Evidence, FOG y at.
tributes this to Incidence, and to our precipta
tion, the commission of great crime exciting an
These, gentlemen, are our guides In every case.
| They have been gathered from standard authori-
ties upon the subject, and have received the sane.
| tion of my learned brother, Judge Ludlow, In his
charge to the Jury In the case of Commonwealth
s o 4. e assr hss hoGGrEs Sp 5
J views upon this subject:
| "Orlmes are often committed in secret, and, but
for the fact that circumstantial evidence mey be
| produced, would go altogether unpunished. Nor
| is theIo, when closely examined, such vide diff
direct and cIrcumstantisl evidence as ia sometimes
supposed. In direct testimony we look for the pre-.
precise in Issue at the trial. but such the
! laws of nature regulating cause and effect that
body of facts may DO presented so linked together
as to produce firm belief of the fact to be proven,
In direct testimony we may be misled by the per-
be deceived by the inferences which we draw from
the fastsD
1t follows then, that we cannot close our eyes
lock up reason in this in any other case be-
cause the evidence is circumstantial. Your oaths
| require you to examine 1t.
The task is from its very nature unpleasant, the
difficulties may be great but we must look straight
forward and do our whole duty in the light of our
consclences and our reason. The truth lies soma.
where, covered up though It may be, with terri.
oe crime; but we must seek It out, and II we do so
OF this, we may always be assured that PfovI.
dence has given us the means of tracking out and
detecting crime. He has stamped 1t with the curse
| shall discovered. v,
Decd with the fat that 1t shall be Its own accuser
invite your may be- divided here as else
where into two general heads-those which favor
the presumption Of guilt, and those which point to
the supposition of innocence. The text. writers
give to these heads the names Of inculpatory and
exculPatoIy evidence, and they. sub. divide each
but which might tend to our confusion rather than
to our enlightenment.
nation that you must give to the defendant at
every stage Of your inquiries the benefit of his
guilt is Clearly established, and Of eVory Reasonable
doubt.
s ! RP saSe sP wRs Fssp Bh0p
in view the rules already enumerated. You will
also observe that no comment may make on the
eyiden ce is in any way binding upon you. All pro.
fact. The admitted fact in this case is the muir
ted fact, for the learned counsel for the defence
have not disputed, and have expressly admitted
marked, that we may take nothing for granted In
an inquiry of such Importance IL Is necessary to
look at all the surroundings to see whether they
repel every presumption of suieide for 1t is we'll for
us to accept no concession, and to prove all things.
The dead body was found In the yard. You Will
probably conclude that Mrs; Hill was In the dining
room above, and that her blood was first shed near
the head Of the sofa. From this circumstance and
from the number of wounds-thirteen being found
nj on her head and Ave on her hands-ffom their
appearance, and especially from the depth of the
wound In the temple 1t would seem to be quito i'm
possible that she could have committed suicide.
Il, then, you conclude that this was not case Of
self murder, you will come at once to the main in
quiry Of the case, Whointicted the injuries whereof
MRS. Hill diedl
The Commonwealth contends that the murder
must have been committed by person or persons
living In the house.
The defence insists that the crime was perpetratet
Let us marshal the facts under these separat,
heads:
The alley gates were found fastened; the shut
Tbsrs to oser Wa4noct mo- stap
or spots the fence aAd the side. door leading
on the verandah, while the gates and shutters
ance Of the furniture. lighted candle was fount
on the Kitchen table. The gas was burning diml!
In the dining room.
The Commonwealth contends that none OF thes
facts point towards q burglarious entrance of tn
premises, and she relies further In this behalf OF
. the presence Of the four dogs In the house. th
the presence Of Z. J. Post at the opposite corne
from half past eight to quarter OF nine and othe
| matters.
burglary are the fact that the back door of th
kitchen and the blind door beyond were found open
a and the statement OF the detendant's witness
Charles Altgelt, that he saw two men leave tn
prem ises by the front door. If II is suggested tina
burglars entered by the rear then you are to con
slider the probability Of man or men climbing tn
F.. while lights were burning; going up stairs, com
mittipg terrible MURDER carrying the body to tn
9 rear window, raising thei SASH pitching the bod