Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-19
JUDGE FLIPPIN's CHARGE.

-rH
upon you Of determining their guilt or
innocence. The Indictment charges that
these defendants in confederation with
other parties, did, on the morning Of the
18th Of July, 1870, within the Jurisdiction
OF this court, murder, by hanging, one
John W. ScbOf8ld. That the deceased
came TO his death In the time. manner and
place SET forth in the Indictment, is adj
mi,ted by counsel for the defendants. 1t
is also admitted by them that the parties
who hung John W. SchO6eli are guilty
of murder in the first degree; hi every
element necessary to constitute that de-
gree of murder was clearly exhibited in
the set Of ~UnlaWfully hanging the de-
ceased; that 10 was Wilfully, deliberately,
maliciously, II premeditstedly done in
the sense of the law. Butt it is denied that
the defendants on trial were the p8rpetra-
tors of or participants in the act. The
Identity OF the defendants as thu guilty
agents IS now the question submitted for
your decision, You must look to the
proof to solve this question.
Hines TESTIMONY.
The testimony of q confessed accom-
plics has been given to you. This kindof
testimony is admissible, but should be
received with scrutiny, inssmuch as it is
the statement Of a self-acknOwledgsd
felon. The evidence of An accomplish is
still competent, not withstanding the in
ducsmeDJ to make the disclosure on his
alleged confedsrates in crime, may spring
from q hope Of pardon, or there may be
an expectation of immunity from all pun
ishment based upon the express or i'm
piled promise Of b proper authorities.
It's competency is UnquestiOned, but the
degree of credit to which is is entitled is
exclusively within the province of your
consideration. Do you believe he told the
truth? That is the question for you to
settle. Ajury may be warranted ia con-
victing on the u"ncOrTOboratsd testimony
Of an accomplish If they are fully satisfied
of the truthtulness of his narration.
AS to the circumstances Of the
felony and the Identity of the felons, it is
not absolutely necessary that there should |
DO other direct evidence in the case.
HOW HINES TESTIMONY MAY BE TESTED. |
whether or not the accomplish in this
case has told the truth, you may apply
the ordinary tests in order to Judge
aright-his appearance, conduct, manner
of testifying, and the inherent prObabili-
~ of his story. If he has fully inspired
your confidence in the correctness Of his
narrative, Notwithstanding the motives
that may have operated upon his mind
TO make the sams, v8n to escape the PEN
atty of the law, Sill you might convict
the defendants Independent OF any other
testimony. But, before the conviction,
the court would advise that the te8timO-
ny Of the sccomplic5 be in some
measure confirmed by other salts
factory evidence, so great are bis
temptations to fix guilt upon others
that he may shield himself. And so, IL
you feel unwilling to act upon the sole
testimony of the accomplish, and think
it should be supported in its material
parts-dOubtinR its entire trutbfuluess
Will then see if it is c~3rrob0ra-
ted BY other evidence in b cause direct
or eircums tantial. The court would
here suggest that, if in your opinion the
story Of The accOmplice nee Is cOnhrma-
.ion. that it be confirmed as to the guilty
party who did The hanging.
TEsrIMoN OF oPHER WITNESSES TO
BE CONSIDERED.
So. then, to ascertain who were the
guilty perpetrators you may look to other
witnesses who have deposed in order to
the accompbce in his material
statements, or they may be ascertaiRed
BY other evidence and circumstances, in
dependent Of any testimony of the ae-
,omplice. II, then, other witnesses are
introduced to fix the identity Of the de-
.endznts as the oues who did the hanging,
the credit OF these witnesses arc ia
opinion successfully assailed, you
viii then be at liberty TO reject the entire I
testimony Of said supporting witnesses I
they are, in turn cOrrob0rated In
points Of the evidence by other q
proof in the cause. This coTroborRtion {
nay be by circumstances or by the testi- {
nOny Of other witnesses. The clrcum- 4
arathose facts which stand around