New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-10

yestioation We start with the presumption Of innocence
and the benefit doubt shielding and encompassng this
defendant when that shield IL broken down and that
defense is tramped down by overpowcrng evidence OF
the truth of the charge and the claim then he stands
upon his defense and he has to prove by satisfactory
evidence that the ca unfounded that no is innocent
OF the accusation and he assumes all the burden OF the
ISSUE Now refer your Honor in support OF these prop
osltions to 81 Greeneaf on Evidence" who Is pro-
nounced by my learned friends the ablest American CON-
mentator upon the general law Of evidence:
In civil cases where the mischief OF erroneous con.
cuson is not deemed remediess 10 is not necessary hat
the minds o. the es ,s Sm al ON whose Ida te
weight OF evidence prePonderates ana ACCORDING q.
because OF the more serious and reparable nature
OF the consequences OF wrong decision the Jurors are
the quilt Of the accascd or il is their duty to acqt him.
the charge not being proved by that hgner Oh
cent il the evidence on the whole agrees with sup
ports the hypothesis which 1t is adduced TO prove Dutn
but that Of the guilt OF the party In both verdict
may well be founded circumstances alone and these
oft lead to conclusion FAR more satisfactory tnan u
rect evidence can produce.
In the case OF The People agt. schrver in AZ N. T.,
which was Indictment aud talo houcide, the Court
say:
Now what is the rule Of evidence to the burden OF
proof, not III where the prisoner is attempting 10
show that the homicide IL mansaughter instead OF ur
admitted homicide was UNSUITABLE under the statutcf In
civil where the mischief OF an erroneous conclusion
deemed IL Is not
minds the Jurors be free from all doubt tits their duty
to decide In favor OF the party on whose side inc wegt
Of evidence prepOnderacs and according 10 Inc reason
able probability Of truth.
And then, Sir, follows tho remainder OF the doctrine
which have reced from Mr. Greenleaf-without quota
ton marks but with reference to Mr. Greenleafs WORK
the applicable to criminal well as civil trials
-" ought read, II your Honor will pardon me- ntte
before that Reasonable doubt Is defined by Chief JUS
tce Shaw, in Tho Commonwealth agt webster, 10 DC
that OF the which after the entire comparison
and consideration OF all the evidence leaves the s Oh
the jurors in that condition that they cannot say tney
feel abiding conviction, to moral certainty, OF thc
truth OF the charge. This degree OF certainty is never
required civil cases; but Is required In criminal cases
the life and liberty of persons put upon trial Tor crimes
The People, in every case OF homicide must prove tc
corpus deficit beyond reasonable doubt; ana II inc
prisoner claims Justification, he must take upon MN
self the burden OF satisfying the jury by prepOnuer
ance OF evdence he must produce the same degree OF
proof that would be required II the blow nnicted nan
produced DEATH and he had been sued for assault and
battery, and had set up justification" &C.
Now,s apply that rule Of the criminal law to this
case When in criminal the corpus deltctS Is proven
and Justification is set up, tho burden or PROOF
changes and So in civil action when plaintiff pro-
duces evidence to maintain the issue on his part sui-
cent carry that question to the jury the burden OF
proof changes every presumption changes and the ques
ton then general upon all the proof The
Jurors exercise their reasonable judgment upon the
whole of the evidence, and from that determine not be-
yond reasonable doubt not with that certainty re-
aured in criminal case but intelligent, sensible men
Judging from all the probabilities Of the evidence,
plaintiffs claim, upon the whole, Is estab
| lished.