The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-01-02
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must consider this along with the other evidence in
the cause
defendant whore doubt exists, but II may be of
euch worth as to raise of itself the doubt which
titles the accused to- an acqulttal. Its precise
weight In each case Is question, like all other
facts, exclusively for the jury.
You have heard from me that you are to give to
the defendant at each stage Of your inquiries and
NJ the conclusion Of your deliberations the benefit
ofevery reasonable doubt.
This does not moan that you are to speculate as
10 whether q matter established to your satisfaction
may not DO otherwise. II means that you arc to
sRe nothing bsr granted upon mere % ssseTbSn ana
hesitate upon the question whether certain evidence
establishes given proposition, when your minds
after ature deliberation and earnest effort to ar
rive at the truth cannot come to a satisfactory
conclusion as to the existence of certain fact, or
fendant. The difficulty must be suggested BY the
case and not BY yourtimaginatlon; II the beam
dant's SCALE but you must not so hold the balance
as to create tremor.
You may possibly wish to fix the precise time of
the murder, have analysed the testimony on
Sarah Campbell says she left Mrs. HIP house
about p. M. In the evening she was at the house
of friend, In Lombard street, between Seven
teenth and Eighteenth streets. 1t struck O'Clock
few minutes before she left She probably reached
Tenth and Pine about rs minutes past 0. -'''''N
Frederick II. Weaver, the watchm IAN, was going
to his bank and at 20 minutes Of 10 he saw
woman pull the next-door bell. The murder had
then been discovered.
John P: Montgomery, ESQ, took tea at e1<;
of the murder to the north, until I've minutes past
9. He then went to his bed. room; commenced to
read, and had read about half an hour when he
heard knock at his doer.
Mr.. Doster and Mr.. Charming Leidy were COM
ing down Tenth street about half past nine o. clock
understan ding that something had occurred, they
went into the house. MIR. Leidy says the body was
W. II. G.. Morrell says that the clock struck
nine when he was In Tenth street, below Chestnut
street, and that he went into Mrs. HIPS house,
about ten or fifteen minutes of ten.
nr. ZantZtnpor arrived there at twenty minutes
Of ten. Mrs. Hill was then dead, and had been
dead, he supposed, twenty minutes or half an hour.
DR.; Merritt reached the house about twelve min
Dr.. Mauty, the defendants witness, did not see
the body, but supposed from the description that it
had been dead an hour or an hour and half. when
AS Mr. Montgomery was sitting within q few feet
OF the sofa on which Mrs. Hill was probably muir.
dered, with only brick wall between him and her
house, through which sounds were readily heard,
and as he remained in that room from 6% O'Clock
to five minutes past nine without hearing the
slightest noie, 1t is perhaps probable that the muir
der was committed shortly alter Mr.. Montgomery
went to his bed room, say between five and ten
minutes past nine. This would correspond with
DR.. Zantznger's statement. If so, two or three
of the with esses examined must have been very
near the house at that very instant, and the SER
want girl WAS then on her way home.
have thus endesvored, gentlemen, to touch
upon every point In the case and to present all the
evidence under appropriate heads. You must sup.
ply any omissions you detect, and look searehingly
through the whole case.
Accent no circumstance of whose existence you
are not we'll satisfied. Draw from 1t no con-
olusion save that justified by truth and by reason.
See to 1t that each link is perfectly forged, and
logically welded to its brothers In the chain. AL
low no element of the case to weigh against the
defendant unless 1t point to guilt alone Guard
yourselves against every possible prejudice. Give
the defendant the benefit of every rational doubt,
and so discharging your whole obligation to tue
law, to the defendant, and to yourselves, you sha
find that duties thus paid bring repose to the minds
q that study to perform them.