The Findlay Jeffersonian. [volume] (Findlay, Hancock County, Ohio) 1870-1881, 1873-08-15

c nsy lie. Circumstances 10 lie. The,
D led when Il servant 5y means OF
{ .aise KY put some sso,el articles i
: q t5l.uE servants trunk, and upol
: Isesrci they we're found there, an
the innocent servant vs5 convicted
Then th-re was q murder fixed upol
! an IaGoCent man who had 4 Guarre
} with another. His knife was loun;
by The sl9iu man, and the print o
; shoes going to and from the spot
: and bloJi gas found upon than. Bu
, vet, it subsequently appeared tha
the Sc was ,ione by another, VIII,
used the knife and shoes, purposeI,
: intending 10 Involve hin In the sus
picion, we'll knowing thst previou
quarrel would cl;nch it. The circum
stances we're there which seemed to b
amply sufficient to fssten guilt upoI
the suspected party, bUt yet the inter
ence was fatally erroneous. There
always tendency 70 exaggerate IN
. important circums:sace7, both on ih
part OF WITNESSES ana jagoFs. Tie
!. - l,Es.iig sin. - haze aelore remarked ,thsr
lis both pride and vanity in most, i
not all CT us,in wishing to be suppos
| el canable Of drawing ghrewd ant
S. gsciCu7 conclusions from isolated
facts. BE careful, gentlemen, that yol
| do lot allow your mind 20 conclud'
! ttSt-ons circumstance has proven an
Otcer circu umsiance Here is grea
danger, and l wish you 20 be doub,y
esTe.gl not to let your mind be msdt
up lhzt oDe thing is proven because
some other thing 10 proTe1 20 your sat
is sction. pray Jou to demand the
cGmpie'e approval OF your mind and
your cons science,o ,of every material fact,
beIore You co1cede to # substantial
credit. Tae court will no doubt cal
the attention of the jury to the dan
90, and Instruct them in relation to
1t. The first gres. rule OF circum
stsu;isi evidence is, thst every cir
Gu 8staace relied on, mass IN itself be
I p- iye,l, bsvaud g reasonable doubt ;
I ,h-l is, after ali the evidence is in, for
anj against, the jury must find each
circumstance relied on, clescly proved
b. oEi q reasonable doubt. Thus, in
the preseat tIiai, the Stste has under.
ts'.cn 80 a1ehoU its csSe bv chain oi
/ ci-eau stances but If one link breaks
thh case lalls to the ground SO far as
lh claim is made against the defend
/ o.. icr murder in the first degree
T3- cjscam5tances proven must estab-
iIs' 20 = moral certainty the fsc5 in
telle} 70 be proved. Tuey must not
cE,E bo proved beyond reasonable
do ht, but also the Inference to be
d---7n Rom it,or the hypothesis to be
es.zh,isked beyond areasonable doubt
You E,us5 carc!uIly weigh in your
u:ri whether sorae other reasonable
/ hypothesis may not he sustsined by
tie Cjr.umstanco5. Your attention is
/ aEa. a sskcd n smother fatal case to il
ia 'sate .as dGngeTof giving loose cen
s,Tucjicn to She circumstances prov
en-. uhere Z false inference wss drawn
iGo.l circu-a:sncc3 which vera true
4 e.f! was tried for the murder OF haI
.ai..cszs. The killing vas proved and
the question was By WHOM? The
only person II the house that nigh;
vas The servant girl, and it vas cleal
that 10 one could have gos access tC
the house by any OF tie doors OF
lower windows, or had they left thu
house ny them. The girl vas cen.
yia;Sd and executed, but It was sub
aequently proved that the house had
been entered by robbers, who COM
mi,ted Tie deed. The house was sit
ua.ed in a very narrow street, and by
means Of a bOsrd the robbers passed
across from the upper window Of the
opposite building to window in the
house in which the murder was COM
mitted. Here the jury did not stop
to consider that, notwithstanding the
doors and windows below were closed,
the house might still he entered II
another manner. Tie circumstances
dii not exclude every other reasona-
be hypothesis but the one adopted.
TNr. BrOwn explained this part Of
hs trgumcGt b. referring 20 and read
in large number OF cases to impress
aplG the jerry the small relisnce TO be
placed Oh confessions and the grea,
dan q OF relying upon circumstances
TO establish fsols necessary TO be
pco. ed among them being the Gel
ebratsd Vermont case of the two
B0-rGs aa; the Scotch case of Stew
art hbcrcTombie. Let me again re-
pea 70 you, gentlemen of the jury,
and ask you to treasure up the words
in your memory and apply them tc
the claim of the prosecution in the
case ct bar. They are words more
precious than silver or gold to this de
! csaa-at. They will strengthen your
/ oOna,i nee and enable } op to draw q
line Of distinction between the pros
ecu..1n aud defense which will hell
yoa % be charitab' g to youth and weai
nes7 of mind and enable you to yield
to ihe pleadiugs of mercy, becaus,
/ the Law - well % your judgement ant
| conscience shall demand il. The laH
I presgCc5 every man accused with ;
criminal CEsase innocent of ever
msta-ial charge sgaias. him Unit
sach charge and eyery part Of it i
| pro; IL beyond 8 reasonable doubt
Fac, .aGl OF circuma,suce is = dIslilc
Issue requiring proof 2ad lha esisb-
/ Iist.a .aea. q It To the complete exc.u
. sion OF every o,her hypothesis
r Win these v2ry faN, and / fear tire
some, Suggestions, as 20 The weight {
, be given 20 the COuies=i0n, proven an
= the circumstances relied on by tn
J; prosecution let US III brief make tn
; Application tS th9 case a. bar. tn
, prosecution say this boy csme to liv
, Wit. i5sasing last December an3 stai
! win hin til his death, That the fam
5 lis ard defendant were On terms G
+; mutual good viii and friendship, tbs
1 on tie aightof the 9Th of Febvusr
= last Banslng YVES shot AMI Instant
died. We adnIL all this. They fur
Z ther say that defendsnt-gas on term
q o. criminal intimacy with the wife {
Z tecelzeJ. We deny tLls. There
}. no sach p-oOf. TIE conclusion
:, drawn fIO.u the inference only. The
say BaHsiHg Va sE0. with psstC
aaa yAal he vas standing Z. tue stshi
I door or very close ~ /. We den
b, this and Say that the eyiic-cs Of I'll
) prosecution does not cSaUig=l.el
> shUa this. No one saw hin slO!, Il
d Lae circumstances proven are not 81.
i ticiaat % exclude a reasonable doui
q bI. hat ne might have been sue. e.a'
Z where-at the Lste,o On the chip pii
= nearly two hundred feet away. The
. say Tie tracks out of the stable Bei
. those Of the defendant, and tAat On!
: one track went cut CT the back va
IL TO the north, and that was the trac
| Of lie endau', and therefore cOncluG
y that the defendant was concealed
N the COW stable, lying in wait iOr Il
,e deceased 10 cJrne out. We deny thi
t. A. there is 10 evidence sufficient |
?. support such a hypothesis, aud mol
ie other The defendant may have IN
u Bsu-ing directly south Of the wage
* .ned, toward the gate, or az the chi
N pile, aud there engaged III condll
ar 1nd 4-.er tie death shu; vas made
y may have led into the barn and o
L ~ LHe stable, IL tie egress from tn
: was aore c.Dy tJan from any 9Th
e, part OF tie barn. Il Is ialr to presur
81 that Tie Goiandaag ral into tno stall