The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1874-10-05

property. he is the man VITO didn't 90 10
providence be has not attempted to deny
.llls possession and the presumption which
follows Is strong enough to ,nyict him of
the charge in this case.
Having proved this possession you can
never come to any other conclusion but
that If his conviction Of this crime. 1t is
shown by evidence that he did not 10 TO
Providence. There is evidence that he
was in Boston and this property shows It
so. This talseLood helps to lead TO the
conviction in your minds that lie is the
man. why did lie not stop here for work
when he came backF Why was he going
10 hllzabelhtown? He had guilty secret
within his soul that haunted him too much
to allow him &c stop. Every tirne the CORA
stopped he is out on the platform he could
not keep still. When officer Crawford NJ
rested him at Cuttngsville they say it is
small thing that he said he did not know
anything about this crime lie shows
design to falsify and prevaricate When
his attention was called to the fact that
Van Media did show him the account of IL
he was obliged to acknowledge he had
heard of it.
What do they attempt to show in the de-
tense? Nothing would have done me more
good than to have them prove an aliJi in
this case, something that would relieve us
from the terrible conviction that ne was
|
sister from Providence would come to the
rescue and say heswas there on the 9th of
June, but nothing of the kind has been
done Peter Lavignc and the other driver
do not help the case, while the testimony
of Mr.. and Mrs.Stewart only helps to forge
the chain stronger around this man.
They say we cannot show any blood.
MIR. Ormsbee has well answered that point
and it is unnecessary to 70 further with
that subject. Look at what an inconsist-
ent story Mr.. Hitchcock tells about the
wrangling he had heard in the house about
3 o'clock Ed. Nelson was along there
very soon after and Mrs Freeze came out
and bought some meat Of him as usual.
Mr. Hitchcock must have been in trance
to hear any such noise.
My sympathies are with that man but
nave duty here beyond all human sympa-
thy. 1t is your duty TO take this testimony
and weigh 1t in the most careful manner
The duty now rests upon you, which hope
you will never have 10 do again. Never
but once before was eyer put in a position
like this. Now it rests with you. The
question TO determine is whether the pris-
oner is guilty or not
That being that was killed there was a
human being that being was Ann Freeze
that murder was committed by the rcspon-
dent. can come to no other conclusion.
He had her property in his possession and
has not accounted for IT,
Remember the people of this community
have interests at stake here on this matter
The man who would 20 cody to work and
commit this act is not too cool to do the
same upon the best lady in the land. Look
at the interests of the community in the
verdict. They are here to-day to manifest
of the case. ] leave the rights of the com
muni'y IN your hands trusting that you
will do yolr duty to yourselves, t. your
children and to the community at large
| The above abstract gives but an mpcr-
| feet idea of the power and ability dis
played in the argument. 1t was listened
to with the closest attention by the very
| large audience of spectators, of both ladies'
| and gentlemen, who filled the court 70 ,m
and gallery TO its utmost capacity
| At the close of the argument of Col.
Joyce Judge Wheeler began his
| CHARGE TO THE JURY.
There has been so little controversy
about the law among the counsel in the
case that it is not necessary TOR me TO say
| anything concerning that, and will only
speak upon the facts as presented. That
only is in your province. | lave out little
to aid YOU in the performance of your duty
| but will make few suggestions and still
do what | am bound to do.
The respondent is on trial for committing
the crime of which he is charged, and he
cannot by rules of law be convicted unless
all the facts are presented beyond reason
able doubt; unless all are substantiated ana
the material facts of which he is charged
be made out, so that the first thing is TO
understand what remains tor you 10 do. As
to this, 1t is easier understood and defined
than to tell. | may say, however, that a
reasonable doubt is such a doubt as may
arise in a reasonable mind-in your minds
on any subject. Such men as you, Sc
lected as you are, can consider reasonable
and comprehensive; proof beyond a rea-
sonable doubt produces an abiding convic-
ton in your minds that the fact as stated
actually exists for moral certainty, so
that you can feel certain it exists. The
balance Of proof is not sufficient; does not
answer. A balance of evidence is that
which is the most likely. You must 90 be-
yond that, and not only have balance but
the whole measure of proof, so that it pro-
duces an abiding convection that such facts
as charged exist. 1t is not shown to You
that there is a possibility; that is not re-
quired by the government; but that when
you look it over by yourself you have no
reasonable doubt remains, no fact is left out
to establish his guilt re-state this to i'm.
press it more fully on your minds and to
guide you in the investigation OF the facts
Murder is the unlawful killing of any
creature with malice aforethought, ex-
pressed or implied.
1t is divided into two degrees, and it is
important to define the difference. Now
by the statutes, murder by poison, by lying
in wait, or in perpetrating or attempting