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

viii dow, carrying the candle down and then
leaving the house at O'Clock at night with the
bloody instrument on their person.
MIR Sheppard went over the case AT length,
reviewing every portion OF II, referring to the
medical testimony and TO the TACT that DR..
Lewis microscopic examination had not been
n pt by ANYTHING in the defense. He closed
with an earnest appeal to the Jury to cling to
the facts, aud to decide the case according to
the evidence, and that alone.
The following is the
Charge of Judge Brewster
in full:-
night sin CO this trial commenced. During tho whole
ofthis considerably protracted investigation nave
noticed the marked attePtOn ,b Sna % Sse wh
Such interest In the discharge of duty deserves
all praise, and this is especially your due for the
uncomplain manner In which you have borne
the hai dship Of being separated 80 long time, at
this season of the year, from your families and
pared by the counsel on both sides with great
ability, and has been presented and argued with
Were tSer iSbors end, Your task begins. 1t is
therefore my duty to explain to you the law as ap
pcable to this case and to render you such service
as IL may be In my power to place at your disposal
to assist you in the responsibie oice Of applying
the law 10 the facts.
the case is of the first Importance. The community
have the right to expect that the law shall be the
81 ehS has Hight sacred
when he demands OF US to see to 1t that no innocent
man is punished.
general heads, the law and the facts.
AS to the first, do not understand that there is
any question raised here on either side which re-
quires me to trouble you with definitions Of the
various grades Of homicide;
We understand-but this is entirely for you-that
all the counsel agree to one element Of this case
and that is, that whoever perpetrated this deed
was guilty Of murder in the first degree.
her death was the result of unlawful and malicious
violence, marked with all the elements OF premedi.
1all ktnr II mia noo uaf nnNQ m
this branch of the subject.
1t is proper. however that In q case Of 30 much
magnitude nothing should be taken for granted.
ahall therefore read to you statute upon this
subject. 1t is in these words:
HAn murder which shall be perpretrated by
means Of passion, or by lying In walt, or by any
other kind of wilful, deliberate, and premedtated
killing; or which shall be committed In the perpe.
traton of attempt to perpetrate any arson rape,
robbery, or burglary, shall be deemed murder of
the FIRST degree, and all other kindsof murder shall
Jury before whom any person indicted for murder
shall be tried, SHALL If they find such person guilty
murder Of the first or second degree (Act of March
81, 1860, $74 Br. Dig 23O, S2.) -,
You win therefor observe that the statute recog
lawful killing OF human being with malice afore-
thought, express or implied. When In addition to
ness, deliberation, and premedltatlon 1t Is murder
in the first degree. All other kinds Of murder
deem ed murder of the second degree.
Having ascertained the law of the case we must
next deal with the facts. These we are to gather
from the evidence.
Mr. Bentham tells us that all evidence sws
| either from persons or things.
| These are the only two sources from which we
can expect testimony, and unless We resolve to let
all secret crimes 20 unpunished all civil disputes
| to remain undecided, and to throw away our
reason, we must act upon the statements of per.
sons or things. say statements of things, because
If We consult the experience of every hour we Will
be taught that inanimate objects have their voice
1t is in vain, then, for man to say that because
others have failed in their efforts to detect error he
Loft mi lu In
his intelligence to the problems OF lie, whethet
they encounter him in the counting room or the
He might just as we'll refuse to use his legs, be.
others have fallen or been killed In walking.
He might, with equal propriety, refuse to eat be.
cause others have been poisoned while partaking
| of nourlshmept.
pie which actually compels us to act upon evil
dence, still insist that nothing but positive testi
mony should produce conviction, and, adhering to-
naciously to this favorite dogma OF those who are
too timid or to0>weak to exercise the reasoning
faculties with which kind Providence has en-.
dowed them they assail all llcircumsantial evidence
moments reflection, however, must satisfy all
candid minds of the unsoundness OF such propo.
rule Of our being, and that we had been so consti
tuted that could believe nothing unless 1t were
demonstrated to us BY our own senses, or BY by tn;
our conditlon2 Ofcourse, we could not punish any
crime unless 1t were perpetrsted In the presence o
| SPECTATORS, All secret murders, arsons burgla-
ries, forgeries, and other offences could be com
mitted with impunity. Nor would the mischief stoI
|
iures No book of original entries could be received
in evidence note or obligation would avail unles
there were q subscribing witness. Indeed, thi
the claim would expire with him. An insurance OF
the life of the witness would not even avoid thu
difficulty, for the policy would die with its attest
ing witness. For the same reason, all receipts
would perish with those who saw them signed, anC
ali our deeds and muniments Of title would be swep
away by the death of the subscribing witnesses ant
the magistrates before whom they were acknow
ledged. All proof Of handwriting by comparison
being annihilated, commerce would be destroyed
or remitted to Its infancy in barbarous ages Wit
the abolition of legal punishment for crime, mo
laws and vigilance committees would supersede tn
TaS 0t of Sooesy would be If NOT
| The absurdity of the prejudice against circum
stantal evidence may be still further illustrated b.
constantly and properly apply it.
Not only do business men answer letters, pa.
drafts, and credit Others to the extent OF million
| daily upon the testimony OF circumstances alone
but they commercially carry this faith, as the evi
| dence Of things unseen, into the reasoning whic
connects them with the world beyond our own.
proved to the satisfaction OF philosophers the grea
laws Of graviation which control the motions Of tn
| universe.
The man who denies the existence of his Maker
properly regarded by many as thereby eVidencin
Vet what proof have we Of this important an
accepted truth except from circumstances? Th
same kind of testimony is the prop Of our belief
al the gIeS Sts 10 o tbs 1r.at mechanism WtS
US we see again that no rational man pauses tC
one instant to doubt the force Of circumstantii
What evidence have we that 1t is a heart thS
beats or brain that throbs within US, except fro
the fact that those organs exist In all similarl
, | constituted beings1 And We accept remedies Il
all the ills that flesh Is heir to upon precisely IL
| same faith in circumstantial evidence.
Illustration OF the force Of this kind Of tes timon!
| He says (Oomm. vs. Harman, Barr, 2I2J: "fo
t see man discharge gun at another, you see Il