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

ty ana the protection Of every riga
belgnging 20 the accused. We havt
the right then to dem snd Of you tht
most careful and unquestionsble proc
OF every materisl fact which the
State must prove to justify your find
lag upon 1t. TIE court eulorces up
on YOU this careful observation o.
every material fact, aad requires ycu
to fad it in favor OF the accused, IN
less i.s truth ia established beyond
reasonable doubt. II sny single
thing necessary to be proven by
the State is rot clear TO your
mind, without any ressosble doubt
of its existence, then yoR will solve
that doubt in faycr Of tue accused.
As we proceed in this discussion, and
CONC to speak Of what the defense
deem to be the turning point, in our
favor, l will make the application OF
this rule to this case.
1t is before you thst very many, il
not all the confessions proven TO have
been made By ihe defendant, were
drawn out OF him under threats
made by those who arrested him or
by those who were sent to the jail by
thepersons controlling the prosecution
FOR the purpose OF procuring state
ments that might be used to insure
his conviction. AS these persons,
who have been engaged in this ell
terprisiug business against this weak
minded boy, live around me, and sre
dsIly met in this community, I DC
not feel at liberty to ssy Of them just
SIS bad ssI think and feel, but will
introduce from q hook il my hand
the observations of a learned author
as to the character Of this very mean
business. The learned Addison
said ga man who is capable Of SO
infamous q calling SIS that of spy is
not to be relied upon.' He can have
10 crest tics of honor, or check ot
! conscience, to restrain him In those
covert evidences, where the person
accused has 20 opportunity Of vind:-
catirg himself lie will he more in
dHstrious to carry that which Is CRATE.
fu than that which is tue. There
will be no occasion for him, i, be
does not hear and see things worth
discovery so that he naturally in
flames every word and circumstance,
aggrayates that which ia faulty, per-
verIs wha! is good, and misrepTest nts
what is Indifferent. Nor ia it to be
doubted, but that such ignominious
wretches let their prigate passions
into their clandestine information,
ard often wreak their particular
spite and malice agains. the persons
whom they are set to watch.'
hope thes gentlemen who have been
engaged in this business against the
defendant will pardon me for intro
ducing here for the consideration Oi
the jury the snathemas OF the learn
ed and great against thst class OF
persons who are guilty Of 60 mean
conduct, and l hope this jury may
have q like appreciation Of it. In
this connection / viii ask your partic-
ular attention to ths rules which gov
ern the admission and reliance to be
placed upon the confessions made By
thia defendant. The admissions and
confessions OF psrty under arrest
and charged with crime sre al~svs
to be taken and TeceiUe9 With great
caution. The reason OF this ia that
the mind OF the prisoner is likely to
be gresuy oppressed by tIescalsmry y
of his situation. and that he is often
influenced by motives of nope or fear
to make an untrue confession. The
person SO confessing may be o! weak
mind easily influenced or in'imida-
ted by the embarrassment OF his sit
uation, and therefore liable to exager-
ate against himself the facts which
he attempts to relate. The vanity
snd desire for notoriety OF those vino
engage in the business OF hunting
down sensations and procuring food
for comment, and the ambition o.
many, if not most persons, to
be thought smart and expert 10
learning mysteries and cunning
in detecting, will cause men
of easy coDsciepcies to go inc
very small places to CRAFTY their mean
ambition, and then to magnify thefacts
to procure the rewards OF appreciation
from those who engaged their shame
less services and SO the experience
of the court has directed that al
admissions and confessions obtained
under such circumstances, are to be
received with very great caution, i
not wholly disregarded Where weak
ness Of mind bordering on inbecility
is apparent as in this case before you
your care in weighing the kind of ev;
f dence is greatly enhanced, and should
be more carefully exercised than Ii
. ordinary cases. Do not misunder
stand me, gentlemen, lest be accused
: OF exaggerating,or rather depreciatins
the force due to deliberate confession.
of guilt made under such circum
/ stances as are free from any appear
ance OF being made through hope
} fear, or persuasion operating on 1
} mind naturally weak and obtuse, o
I broken down by the dangers and ex
citements surrounding the accused
Where all the elements OF strong an
, intelligent manhood concur, ad
I, NIT that deliberate confessions are
among the most effectual proofs il
llsw. Their value depends on tn
: supposition that they are deliberat
: and voluntary, and on the presumptio
that a rational being will not mak
, admissions prejudicisl to their interei
and safety, unless when urged by th
9 promptings of truth and conscience.
! The degree OF credit due to ther
q is to be estimated by the jury, unde
the circumstances of each particula
!. case; and therefore when we are tol
: by the prosecution that Galtee hs
: t1Ily confessed his guilt, the law an
= humanity reply for him that such col
8 tessions ought not to be received, b
: cause of his childish simplicity, b.
cause of the evident confusion OF b
= mind the weakness of his intellect an
= the absence of a rational understand
inr. Let US for q mement look at th
boy. and think of his history. The
i no evidence against him OF preyio'
- = had character. Ills parents are very Ia
" !. below the average in education, inte
4 lligence and scciQl position. Ills mot
= eT and sisters, like himself, are ob;u
. in nerception and wholly without Il
. ,cto,nDaniments that adorn or e.eYa
I, ciyiI;zi;ion. They are rude and u
u u cultivated. and have been present du
y inc this trial without apparent love
:, effsction for the brother and son. Il
- II accused Ike them, when arrested, "
o. wholly unused to public attention.
a being made a conspicuous marx
- curious and perhaps revengeiul eyes
:; look upon-and when arrested al
=; made TO feel that force be could n
ns resist was being employed against hi
- that the Marshal of Findlay, the SheI
~ of the county and his deputy vi
N. other gentlemen, excited and arm
N tor desperate conflict surrounded hi
O, and when the cry of rope-tVe nj
nv u.es to prepare yourseIt-Lhe rope
ci nearly ready land like threats went
or- from hls accusers at the moment
ne his arrest, and when afterwards 81
.e,, tary and alone in his cell the She
ion with many others went to him 10 t
by about his crime and the prospects
= an iJnomininuIs daafh unoDt he ,yailOl