The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1873-08-15
VOL 49,.
The Gartee Trial.
garments Il, ihe Case hy Mr. Henry
;.rssu. Esri iiIr dpIeHse, and mr.. Geo
:. prn.!!ctou. for the prosecution.

--=uraeH.S In ihe Case bs Mr. Henry
;.rSSu. for siIr deIe1-a, and mr.. Geo
:. EsrnaIctoH. for the prosecution
T e.. .1s.ag ar-a.nen: on the part Of the de-
....-., b, in-. case o. the aszye OF ONO g.
L--4s = tJ.lrtrt-
Mr. Brown addressed the jary, as
f0IloIs:
I.l..s'esel cj the Jarg:
Il Is no euyiabie position at any
Lane to stand between a humsn beng
barred with the crime Of murder in
lie inst degree snd the g2lloWs. An
e..oincy cSsl down and debiiItated
r.,li iudia erent health, and struggling
sgai-st public prejudice, With strong
sympathy for the accused, might well
l.aai;a.e, II not wholly shrink from q
rCsgonsib lily so great. More es
sccia.!v So whan ali that might dstter
lis professional pride in the eateem
uf influential friends or expected pc
cgaiary rewards, is wholly wanting.
The ACCUSED ia before you, boy less
gSEn twenty years OF age when the
oGsuse charged against him was
committed, with no friends with
.un,ic OF social influence, and without
money to aid him in procuring assist
aacs to make 8 defense, wholly
Gsgendert upon the Efforts OF his
counsel, and confronted by strong
paou!ar prejudice formed from public
statements, colorei and exaggerated
bv what was drawn out in the exam
.sa.ioa before the magistrate and
commented On from that time to this
in every part CT this county. This
-oTrr, man is without the usual &C
cor pan;ments OF support which sur
rsgnd those accused Of crime which
has excited so much OF public feeling,
seycre comment and general condem-
nation. His family associations are
.otgiUg % lin; 10 train OF distih-
,sfshcd OF even reputable personsges
..gss in and out Of the court room 10
cheer gr even console him il his per-
Hogg situatioG. His father and
mother. mis- sisters snd brother, conc
here Indifferent spectators under the
co.auulsory process OF this court
Tgey seem to regard this solemn
zcene passing before us as gala cay,
ft lime for laughter aad nirIh,
rather than the sitting OF d solemn
frib1uai which shall decide upon the
.a,e Of brother aad son. These
things euliyen and warm into more
.ctiye sympathy the feelings Of those
wgo arc conducting hio defense.
4-r Shsfar snd | have been much
wilh tits poor unfortunate boy ! have
learned the simplicity and foolish
crcdulity of his heart how easily he
IEav be led into error by those OF
stronger mind aud persistent will. l
Only wish :hst you could know and
fcsi and appreciate the weakness snd
loI,y Of this 10y as We do. Here his
month is cloeed-you only learn him
through tie evidence drawn out
uE,ier the restricted legal rules OF our
aourts. You cannot come nesr to
him and talk Wi.a him TO learn what
ir5,llse or motive, if he have any,
controls lis action. There he sits,
silent and alone, his hands m2nacled,
his srifis broken, and apparently one
Of shc less. interested spectators.
Tie prosecution have appealed TO
nrhIic sentiment, and in the remarks
Of tho counsel opening the argument
lao has. addressed himself il part to
,fa multitude assembled here, .s well
ss to the Jury, have no words for
he audience. I an defiant OF that
,ahlic opinion which seeks to control
he court and the jury. You and ihe
canrt and | mu4t not heed it. inno-
csccc nav suffer and outrage and
s,ro,,, he done il we bend to any cut
brat of popular expression made mp
ri,b-nt due knowledge Of the rea!
f.rIs i,ased upon init second soher
fi-.nrht which is usually right. You
40 here. gentlemen, as bulWarH
,,aiugt which the excitement Of The
,5,,r may beat with great turbulence,
- rof, must not heed il. You must
I'D mon yonr oaths and trust to
o1 enIiGhtenad conscience TO deter
r,irn wgat ia right, and when your
verdict shall be given sil must be
rorfant You have assumed no idle
5nrT bnt one of great obligation, to
- ~ lisch=rged under tie la" and
ov,sgrca with fidelity 20 yourselves
40 wsIl as TO the public. The promi.
~a-r facts pregented by the evidence
- t.;s cise are only few in number,
Taaeycr lerglhyly they msy be dis
,.,-osgG. | viii not stop here to say
:sa+ this defendant did or did not
IN Nicholas BensiDg On the night OF
| February 2Tth. We know that Ben
Sing is dead. This defendant Is
chrTgoa with producing his doath.
T wiil not deny it, and have never
denied but that he killed Bensins.
Won and [ did not see him do it, anu
tfare is po cue WHO has sworn that
Ea saw him do il; but il is claimed
the evidence puts that fact beyond q
oges;icn Of doubt, and am not here
n DISPUTE the legitimate tendency oil
the prools introduced.
IwIll noS invite your attention to
-ome Of the rules Of evidence, as laid
down in our Law books, to illustrate
eur claim and theory OF the defense.
The Iag always presumes any man
charged wish crime to be innocent
ua.ii his guilt is fully established BY
la$sI eviIsnca. You are not at Io-
aTIr 30 D.esume any fact material to
sstsbiish guilt until that fsct is clear
II and i1dispu'ahly proven. In the
iIial OF q civil case, when dollars and
cents s,oDe are in controversy. the
o,aufity of evidsRoe necessary TO jus
| I,fy The Jury il finding their verdict
mus. he distinguished from the de
rec required in a criminal case IL
: civil case a mere prepcnderance u
fsvor OF one side or the other Is sui
| fic,ent 10 determine which way tn
verdict shall be given. But IN cilm
! NAL trials the PARTY accused is entitled
. 20 tha beaeft OF The legal presump
ior OF innocence until clearly proven
: 20 bs guilty. The lay says that
y mere rIopoGd5Tnsce OF evidence, no
d any weight OF p:eponderant evidenc
IS sufficient for the purpose, unless
% giLclsie full belief to the cxclusioi
81 of al reasonable dOt6,. IL is not eas
= 10 define Just what degree Of doub
a 1e&s onabie doubt Is. But the suth0T
y it.cs aal Tie court viii hesr me ou
n SAYING thst every material fal
G mast 5e proved 10y the prosecution
> The evidence must establish the tru
50 81 the t3ct 10 . reasonable aud NOR
ii a t-r,a!l.y-a ccrtGiBty that convince
auJ directs tne understanding an
ss; sails les tie reason and judgment
tbI sc who are bound 10 act consc
en.ISusly upon il. Ii hss been dec
ded ug ilie courts, and has ht tcoa
"a The hxed rule Of legal proceeding
~ thet y tie guilt OF the prisoner is
u, be established by q chsin of circuU
STANCES, and the Jurors have a reaso
,iRe aide doub: il regard 10 any one
y ti,.ln, ,;hat one ought Not to have 81
nj influence in makirg up their verdi,
OIL Tia. books further tell US that, il c
4a io warrant conviction of erin
6Y circu,nstantiEl evidence, es
acs necessary 10 the conclusi
MS MS 10 he Established, must be proven