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

pesson vas present at or since the tim
when the wound was inflicted. ),
tar the conclusion is certain and Tn,
! jury would be bound by their oath
to find accordingly. Bat whether th,
death WIS caused by suicide or BY
murder, and whether the mark OF tn,
bloody hand was tha. OF the ASSASSIN
Tor OF friend who, attempted, though
TOO late, to aA0rd relief,or to prevent
the crime, is a conclusion which doe.
not necessarily follow from the fact:
proved, but Is obtained from thesa
> and other circumstances, b.
probable deduction. The conclu-
sion, in the latter case may
; he more or less satisfactory or s.rin.
gent, according 20 the circumstance
Ia civil cases, where the mischief ot
an erroneous conclusion is not deemed
remediless, it IS not necessary that
the minds Of the ju-ors he freed from
ell doubs, it is their duty TO decide il
favor Of the party on whose side the
weight Of evidence prepoaderates,sad
lsccording 10 otheressonahle probsbiiisJ
: OF truth But 10 cEirlUsl cases, be
cause Of the more serious and i r4par-
able nature Of the consequences of q
wrong decision, the jurors are re-
quiIed to be notified, beyond any rc2-
soaal doubt, Of the guilt Of the accus-
ed, or it is their duty to SCqui. him,
the charge not being proven by that
higher degree Of evidence which the
law demands. II civil cs5es, it Is
sufficient If the evidence,on the whole
agrees with and supports the hypOth-
esis, which it is adIuced to prove /;
but in criminal cases, it must ex
clude every other hypothesis but
that of the guilt CT the party. In
both cases, u verdict may well be
four ded on circumstances alone; aaC
they often lead 20 C conclusion fer
more satisfactory, tnsn direct egi-
denc csn pr0dace.' The great dan
ger TO be arpGekendei in relying up
on circumstances Is that the jlCy may
fail to discriminate between the gen
eral facts proved and the P2Eticl:G:
circumstance or fact Necessary to be
proven in order 70 connect the chain
OF evidence. II one link i ods the
chain is broken, ard the S.e'e must
fail III the claim Il is thus trying 20
establish. The danger OF error Ia
multiplied On !hat Of positive proof
| il proportion 70 tie number q: iacls
relied or. Elch faGt or circumstance
Is distinct issue, and there maE be
error il the evidence as 90 each.
And then opens the ground for the
grand error, in coming to sn incor-
rec. conclusion upon the whole facts.
The witnesses who swear they found
powder marks ct tie crack II the
stable door may be mistaken So 10 It's
being the mark made hy exploded
powder. On Z rough and weather
beaten board il is difficult, if not in
possible, 10 tell VIVA: may have msde
some particular spot on the do2r Z
shsda darker than the other parts o'
the door. Remember, gent!cmcn,
this spot on the door vas found late
| in the succeedi1g day, When the cE-
citement Vas high aud al '7cie on the
alert for = discovery Of some startling
fact. The imagina;ios, will It's wcn-
deriuI Invention aud.hgeaious power
vas la7gely drawn utoa, ard surmise,
with her Thousand Suggestions always
ready to be heard, was doubly III
1 woke to cone 20 the aid OF those
WHO were bent on knowing every fact
cencerning the recent murteF. L do
not believe it wa5 = powder marx.
But, if it was, whist OF it? 1t may
have been put there for a purpose, or
| some one else may have made it by
the use of fire arms other than the
pistol used by the defendant. This
proves nothing substantial one way
or the other. 1t is too uncertain evil
dguce 20 be reliable to prove any ore
fact 10 Connect the chain Of evidence
l. is the opinion OF one of the medI
cal witnesses that the deceased was
on!y thirty seven inches from the end
of the pistol held by tho one who
shot Bensing, That is arrived at by
a theoretical proceas--a Hpeculstlye
calculation based on assumed fact5
This may be correc: CT not; no one
knows aay thing accurately about 1t
The fading or Tie hat On tie next
| day. fourteen feet from the stab!c
| door with tr.cl.s from ii, ald marks
in the snow near to it, prove nothing
"a the witnesses swear only To up
nesrarces on the following dsy after
hundreds had been upon the ground
: where BensiDs wss shot. Tue hss
} NAV have been displaced and the
tracks may have been made by others
+. is said that he fell at the gate, and
there is evidence tending to prove
| thst he ielI upon the chip pile. tea OF
twelve feet from the gate. SO, you
see, gentlemen, after we have heard
all the evidence and discussed 1t over
| and over, aud weighed 1t IN every
: conceivable shspe, yet we gre not
cartain OF what did occdr or boa II
| did occur. Bacsing may have been
\ sbot near the door or two huldrsl,
I feet from the door. There il but Oae
: vbo con tathOm the darkness Oi taat
: night and penetrate the mysteries o.
/, TE1s startling crime, and that Ole wi!i
, onIv reveal to you snd me the trnth
e az that greater tribunal, whea Beusiag
: end Gsrtee will stand face to face,
!, Dower,ess 20 disguise or dissemo-e
: All things are in doub. ~ to how o.
: where Bensing was shot, and We
8 must not make up our minds II g
d Grave a matter as this upon uHCer'
t.inties, because Whea We attempt IL
q draw coaclusions from questionable
pl statements, or standards OF Truth crC
t assumed from Hypothetical reasoning
d ye will be led into sn opening Tor a.
e accumulation Of error. |i,s truth i
5 that we are alSsys drawing incoTrec
II tlcopclusions from circumstances, anI
d great is the number OF innocent per
y sons who have fallen under sacl
g scouclusions. There was the case o
II the uncle convicted and executed 10
1t the murder of his niece. There 10
l. circumstances relied on we're true
e She was heard to cry cut, 'U1ciC
5, dou,s Kill ue' She disappeared
.et was not seen after that night. L.
il ouiry was made, an,i lie procure
-e another girl OF s.mlia. appearance |
20 persoa2le her, and t1as turn ava
r suspicion. This was fraud, and va
b exposed, and al ilieIelce OF guiI
* drawn from it bal IL the course O
ie time the niece returned, aud 1t the
as appeared that she originally fed troI
at her uncle to escape the chsstisement
e. he gss in the habit o. ilhictIng ,
= the rule Of Law is, that lie who l
found in POSSESSION OF stolen propert
rel shall account Tor il, and under tbs
OF ruie au innocent man was executed
< 4 thief, who hai stolen horse, wa
III pursued, and asked by acOuatry ma
Az whom he overlook on the road TO tss
~ charge Of It for hin for short tln
q He then Gsi, the owner came u
es fouud the horse III possession oil u
OF countrymaU, had him arrested, 80
.ct no was convicted by false Inicrel'
ID | from circumstances. The ezPrezs.t
Of tbs, circumstances cannot lie = Il
M from, being the tIutn, and IL Whoi
,at TaIse IS 4 general rule. Bat even
I'M circumstance cannot lie, the vi
on nesses wao make them ouL nay y
lal or a. least be ml=taEen- IA ca