Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1869-04-30

with it. On the night of the murder there wa
full moon and the blinds were all open Nh
Russell witnessed the whole affair from the b,
ginning to the end, then fed If she had know
the assassin before, in all probability she woul
have recognized him then. lie then spoke c
the uncertainty of the foot tracks being those q
the respondent, any more than that of hun
dred other men, who wore boots of that oriinar
size. He then rapidly traced Welcome /
Winooski bridge, commented upon the natura
questions he asked of Smith, then of his stay a
the Whites, his arrest by Stewart, his declara
tons to him, of Stewards testimony, from
memory refreshed by his memorandum made n
a time when the inducement of a liberal reWarl
would lead him unconsciously, perhaps, to not
the strong points in the case. Then Of the re
spoudent's apparently suspicious replies and re
marks explaining them in the light Of one labor
ing under the excitement that he was doubles.
At the time, and all his replies tending to SHOW
that he was at a distance from the scene of tn,
murder, would be such as young, and mex.
perienced man who would be willing to resor
70 any expedient TO avoid conviction especially
when he had no witness to corroborate his OWL
statements where he was on Saturday night
even if they were true in every particular
This desire is specially manifested at his inter
view with Flanagan at the jail, when unques-
toned inducements were held out 70 him to talk.
Mr. Ballard then examined the respondents con-
fession TO Dumas, and the circumstances under
which il was made, contending that 1t was Oh
tanned on account of his hope Of escape or to
crafty the curiosity of Dnmas and fulfil his
part Of the agreement in the matter. Then tax
ing up the letters he reviewed them briefly, call
ing attention to the different points in which
they bore out this conclusion.
Then abiding to the youth Of the prisoner,
and the probability Of his want Of moral strength
and courage to conceive and execute the deed
he spoke Of the fact Of his remaining still in the
and even telling where he iutru-
ded to 90, and not improving the first opportu-
nifty to fly to Canada or the city, in fact miles
away, as he naturally would be; and As you al,
| apprehend, thought the assassin was on Mon
day morning when we read the full accounts in
the papers; and when Mrs. Russell, during her
testimony given on Tuesday, turned to the pris-
oner and appealed to him in tones such As you,
gentlemen, | know never can forget, "Oh Henry
was that you - he never Quailei as a guilty man
would, hut calmly replied, - No ma am, it was
not me"
Gentlemen of the jury, You have been iustruc-
ted by the Clerk that if YOU c0nsi Ter the resp0n-
lent innocent you are TO say not guilty, and
say no more if guilty, to & say guilty, and
say no more, A." and remember | pray you that
you are not sitting on the trial Of any ordinary
matter Of dollars and cents between man and
man where You can compromise a verdict
lmong yourselves hy striking a balance. In
his case there is no middle ground, you cannot
except at the expense Of your own
,5nscieuces. You must give the respondent the
leneft of every reasonable doubt, and trust
Shereyer it is possible you may incline TO mercy,
.ul acquit the prisoner.
AFTERNOON SESSION.
The court opened at , p. m, when Henry Bal
ari, Of counsel for the respondent, arose and
emarbel to the court that the fact that the re-
ponlent does not testify should not be taken
n evidence against him, and in behalf %. his
.ieut requested the court 20 charge the jury as
ollows
l. That the jury mus De -l;isfel beyond q
easonablc doubt that the respondent is guilty OF
he verdict must be not guilty, and that as s.
be rtqu site amount Of evidence TO warrant
conviction. it Is not sufficient q, establish prob
biliiv, though "a strong one, that the fact is
more likely 90 be true than the contrary, but
lie e. lence must establish the truth Of the fact
% a reasonable AMI moral certainty certainty
hat cduyiuccs aud directs the understanding,
nd satisfies The reason and judgment Of those
yho are hound to act c0uscieutiously upon it
I'm Lsa3Hy Criminal Gases, Shan j.,
Commonwealth Is. UIsicr
II. That this be.u. q case which is supported,
{ supported at Ably c.rcumstautill evidence,
venting evidence in the nature OF confessions