The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-09-24


even as late as two years or two and half |
years after the robbery In the hands Of an
other, with Instructions 10 pass them at the |
South, and give him 60 cents on the dollar |
Of the procccds-if you believe II 10 be true, |
are all circumstances demanding your most |
serious consideration. II you believe tho |
notes produced In evidence bear his hand |
writing In the signature Of the bank officers,
that also should be regarded as proof against |
him, II unexplained, because II is proof not |
only that he had them In his possession, but |
was the frst who had them in such shape as
to mako them easily transferable from hand
to hand, and that ho might easily have ex-
planned how he came TO have them aud
where he got them.
Now, did he have any Of these papers or
notes In his possession recently after this
loss This is the great question for you to
determines for, II he had them, or any one
Of them, In his possession shortly after they
were distracted from tho Treasury building,
the law demands an explanation at his
hands, or 1t will hold him to be guilty. The
signatures Of the bank officers being In his
handwriting Is only impohlant as proof OF
his having had such possession.
In behalf Of the prisoner, his counsel con-
tend that nobody saw him take these notes;
that at best the evidence against him Is cir
cumstantial; that every link in the chain Of
not admit OF a reasonable doubt as to his
guilt; and, In fine, that you ought, before
you can convict, to knop that he is guilty.
II Is true that II the guilt OF the prisoner Is
to be established by chain Of circumstances,
and you have q reasonable doubt In regard
to any one Of these circumstances, that ought
not to weigh In making up your verdict; but,
II the other circumstances admit Of no rca-
sonablc doubt, but all point In the direction
Of a,,I ttaf,, ~
no difference II you doubt the truth Of ono
circumstance, or more, as long as there arc
others which fully satisfy you Of guilt.
But you arc not required to knor that a
person accused of crime Is guilty before you
are justified In his conviction; nor Is II true
that circumstantial evidence may not some
times be quite as reliable as positive evil
dcnce; sometimes 1t Ia even more SO. Let
mo Illustrate. Let us suppose that a man
was murdered here last week. Inquistion is
made as to the murderer. witness of un-
improbable character saw the deed enacted.
He swcars positively that A B did 1t, and
that he saw him strike the blow. This is
positive evidence. A d proves In his de-
fence that there Is another man, d,
strongly resembling himself that that man
had long entertained deep hostility to the
deceased; had declared he would kill him;
that ho had been seen going stealthily In the
time before It happened; that he was seen at
the time with knife In his hand which he
| had worn about him before, and that 1t was
marked with his initials; that knife was
found near by where deceased was stabbed
and died; that q little further on was found
handkerchief stained with blood, and bear
| ing the name Of G d upon Il; that 9 d had
not been seen since the decd was committed;
that deceased had n watch when killed
which was taken from him by his slayer;
that man corresponding with the slayer In
personal appearance, and giving his name,
| had left this watch under his pillow on
rising In tho morning al some distant hotel;
that he had said you will hear OF murder
shortly. All this Is circumstantial evidence
against q d. Which would you decide to
be the murderer Surely any sensible jury
would pronounce A b innocent and G d
| guilty. Now take any one Of these links of
circumstantlal evidence by itself, and II
| would leave strong reasonable doubt In
your MUD rs to the guilt Of G d; but put
them all together, and no reasonable doubt
whatever could remain.
1t has been contendcd by the counsel OF
the prisoner, also, that the evidence OF
Marian Harris Is not TO be credited by the
juiy-flrst, because she has told q story i'm.
probable, Inconsistent and contradictory In
itself; second, because she acknowledges her
self an accomplish, and has not been cor
roboratcd by other witnesses; and third, be.
cause of her want OF character for vcracity
II her story Is not consistent In Itself, or II
she were an accompllcc, uncorroborated, Oh
If she lacks character for yeraclty, you will
discrcdit her; but you will bear In mind tina,
she never saw the prisoner, as she says, til
she met him In Philadelphia two years aftci
the robbery, and thus no witness pretcnds tc
e sem g. ncr WIN snG taKhnTHt and t&crc
fore she couldn't properly DO In any sens,
regarded as an accomplcu in this offence
whatever may be said Of her passing spurious
money. This Is ono offence; that Is quit,
another. 1t is for you alone to judg,
whether her story Is too contradictory or In
consistent or too improbable for your Gro.
denco, or whether her character has been
, impcachcG to that extent which will justif,
you In saying you cannot believe her on he
oath.
The counsel for tho prisoner have alst
told you that IL, after receiving the evidence
. you have still q reasonable doubt as to tn,
guilt OF the prisoner, you arc bound L
give him the benefit Of that doubt, and acqui
him. This, gentlemen, is one of the Jus
and benign principles of our law. You ar
T never to convict, when, aftcr careful re
f view Of all the evidence In the case, yol
, shall still not be satisfied, shall not fairl!
i and honestly believe that the accused is tn
guilty party. You arc not, however, bound
I as has been intimated, to kHoW that he |
= guilty. But, rs has been we'll said by Barol
| Parke, "thc persuasion Of guilt ought l.
4 amount to moral certainty, or such
0 moral certainty as convinces the minds o
I the tribunal as reasonable men, beyond al
: reasonable doubt'-that conviction and sensl
+ bic belief upon which rational men will &C
In reference to other affairs In life. We d
0 not know that the sun will set to-day at ST.
~. taaI.. l...a
5 men on oath, who, for half century, hay
/ given attention to astronomy, and they dc
Z pose to tho fact; We arc persuaded, convinced
c believe II will be SO, and act accordingly.
G Astronomers Of this generation, of thei
{ own personal observation, do not know tina
/ tho sun or moon was In an eclipse at give
: day, hour and minute a century ago; bu
: they have the evidence Of others and per
n suasion of Its truth, and being thus moral
e certain OF the fact, they assume II to be true
o and acting upon that assumption they ca
+ tell us and demonstrate that the same occur
Q renee will again take place on precise day
A hour, minute and second. We do not know
# Of our own knowledge and observation tina
o our Saviour was born In Bethlehem of Judea
f was betrayed, cruciacd, died and was buried
v still we believe 1t. We do not know Of on
D own senses that on the third day he ros
r from the dead, and now sttcth on the RICH
@ hand of God the Father Almighty, froi
c whence he shall come TO Judge the quick an
r the dead, and yet We all arc persuaded to
@ moral certainty that 1t Is true, and act upo
l. the conviction In reference to our future sal
If walton, the highest interest of humanity.
d If the facts proved in the case satisfy you
@ minds of the hypothesis of the prisoner
r, guilt, and arc inconsistent with tho h,
g pothesis of his innocence, you will convic
z If on the contrary you can honestly say
" yourselves all these matters which have bee
IF sworn TO by the witnesses, and which "
n believe are entitled to credit may be tru
d and yet consist with the innocence of th
,e prisoner at the bar, you will acquit hin
At You must, however, bear In mind that
h doubt begOtten by bias, or friendship, {
10 prejudice, or whlm, or caprice Of any kint
" and not growing out Of the evidence, Is NJ
At that reasonable doubt which you arc to az
ID cord to the prisoner In any case.
1t Mr.. Riddle excepted to that portiCn Of IL
II charge In which the Judge ruled that Il
Of notes 10 question were Issued under the al
At thority Of the United States, and the judy
err noted the exception.
lt VERDICT or Guilty.
nc The jury then retired to their room AZ
rr remained until 2:35 p m, when they r
ID turned into the courtroom.
m some time was spent waiting the arriyl
v. of counsel. Tho foreman then, In answer
ia the question of the clerk, responded thu
:, thu Iury fnnnl him pullty.