Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1875-10-28

first by one and then another, with what he used.
There was short chain to the latch of the cellar
door. The door of the cellar would be to my
view if passed around the house in one direc-
ton; but on going to feed, it would not. new
nor l never heard him say he had put out poison
ed beef for the purpose of killing dog. l did
not know he had strychninc in his trunk. None
of Hopes dogs died at that time His largest
dog had been good Watchdog, but he was old
and not valuable Hope had gun, and may be
little ammunition.
70 the Soiicitor.-The dead dog I saw was of
medium size
J. A. WALLACE, Tecalled.-At the inquest, Hill
related the supper-table scene. l disremember
who aske the question that caused him to tell it.
l asked him a number of questions. Questions
were asked prOmiscuOusy by mem bers OF the
Jury. The coroner also asked a number OF ques-
tions. Iasked to have the testimony committed to
writing, and the coroner said it should be done,
omtting verbiage-that he would exclude moth
ing of Importance to the jury.
To CounSci.-Wth the exception of Mrs. WINS
onants testimony, it was all read to the respect
i've witnesses in the presence of the jury. The
proceedings were all had in open daylight.
r. w. WHITEsIDEs, Tccdttcd.-l had CONVEX
sation with Sidney Hill at Mr. Bells. Ihomas
Brown was present. went there two or three
days after Marys DEATH in the effort to carry out
Hopes suggestion to get starting pont-to get
information. I went to Mr.. Bell to consult him
z
examine Hill, and Brown and Hill accompanied
me. Mr.. Bell interrogated Hill in my presence.
No threats were made, nor no inducements Of
fered. On that occasion, Hill related the supper
table scene, and made the statement near ABOUT
as he made it here in court.
TO C0unsei.-Hill knew the purpose and object
of our visit to Mr.. Bell.
DIR, H. G. JACKSON rc-caNed.-Strychnine has
the same effect on animals that it has OH human
bcings-prOducing commissions and contractlons.
don't know that the limbs of animals dying
from the effects Of strychnine would contract the
same as the arms of human being. !he effect
might he to straighten dstcnd the limbs of
dog. I do not know from observation. Medical
writer's say the effects of strychnine are the same
on animals as OH human beings.
JB WHITESIDEs, rc-cdlicd-M. r. Smith and
J. A. Hope live three-fourths OF mile apart. 1
once owned the land on which Hope lives. From
Hopes gate to Mr.. Smiths the distance is four
hundred yards.
The State here closed. Argument for the pros
ccution was opened hy T. J. Bell, ESQ.,, who was
followed for the defense by I. D. Witherspoon
and w. B. Wilson, Esqrs., Mr.. Solicitor Mackey
closing for the prosecution. The argument was
conducted with marked ability, both sides con-
tning themselves to fair review and calm dis
c,lssion of the evidence. At the conclusion Of
Mr. Solicitor Mackeys argument, his Honor de-
ivered the following charge to the jury:
Mr.. FOREMAN AND GENTLEMEN OF THE
d
and Mary Elizabeth Hopc-stand charged with
the crime of murder, committed by poison, on
the body of Mary Isabella Castles, in the county
of York on the 18th Of November, 1874.
Murder is the unlawful killing of a human be-
ing with malice aorethought. Malice is wicked
intent. When the law charges crime TO nave
been committed with knowledge aforethought, 1t
means that the wicked intent was deliberate.
This case has been argued with signal eoquence
and ability by the learned counsel of the defend
apta Solicitor learned
ciate representing the State, which will make the
case memorable from the questions lnVolVed-
the arguments being worthy of the magnitude or
the cause itself-a magnitude measured by the
value of two lives, and also by the high, solemn
duty imposed upon the Commonwealth, to en-
quire, through all the agencies of the law, to as
certain if murder has been done.
1t is the special duty ofthe Court to declare the
law, and it is your duty to pass upon the facts
You constitute tribunal of judges as to the facts
Your hands hold the scales Of justicein which the
facts are to be weighed with even pose, and nelth-
er passion nor prejudice is to change the balance; ;
but the law and the evidence shall decide you IN
forming your Judgment.
1t is proper for the Court to state to the jury the
features that distinguish direct from circumstan-
tial evidence. Direct evidence is delivered by
one whosees the event. Ifa written letter should
be produced, and the witness could testify that
he saw it written by the alleged writer, that would
be direct evidence but fhe could not so testify,
and the jury were required to determine the au-
thorship by comparing with handwriting as ex-
hibited in other letters and proved to have been
written by the alleged writer in other cases, that
would lie circumstantial evidence, for the reason
that men would come to a conclusion from the
formation and features of the writing-each indi.
vidual having style peculiar to himself that
could be relied upon as guide.
Into every cause there enters. in lower or high
er degree, elements Of circumstantial evidence.
Where the charge is murder, the rule of law is,
when conviction is claimed by circumstantlal evil
Al ros~ or
surround the accused as to exclude every reason
able hypothesis of Innocence. The circumstances
must be such that upon no rational supposltlon
they could attach themselves upon all innocent
man. That is the test and the chain OF circum-
stances produced must be measured by the
strength of the weakest link.
The proposition is true i'll law that it is danger
Gus to convict upon circumstantlal evidence; but
such is the talibility of human Judg1nent-such
is the infdety of man to truth-that it is danger
ous also to convict on direct evidence. The jury
must exercise their best judgment, viewing the
question at issue by the clear light OF the evidence
and convict only if the guilt charged he proved
beyond a reasonable doubt.
The mode in which it is charged that this MUIR
der was done, is among the dark and occult forms
of crime, whose perpetrators shrink from light
in the execution Of their designs. There is no
case of poisoning but will rest on crcumstantlal
evidence There are none recorded but what the
main, controlling facts upon which a verdict de-
pended, were based upon circumstantial evl-
dence. If circumstantial evidence could not fur
nish foundation for verdict of guilty under an
Indictment for administering poison, it would
follow that to intiict death by poisoning, in a ma
jority OF cases. would be absolutely safe from Ju-
dcial detection.
The Court charges that the discovery of poison
in stomach is not legal proof that the person
died from poison. Why? Coincident with pois-
on, another and efficient cause of death may have
interposed before the poison could produce the
fatal effect designed. The discovery of poison in
the stomach, however, would form the strongest
link in the chain, if the motive on the part OF the
accused were also shown. The actual admlnls-
tration of the poison by the accused is the un-
known quantity in the problem to be deter
mined. The motive would strengthen the link.
Evidence of general character, such as conceal
ment, false statements, etc, would be signs OF
guilt and make up complete circle, to which,
when made, could be applied the legal test, to
wit: that the guilty circumstances proved must
be such as to exclude every reasonable hypothe-
sis of innocence. Crcumstantial evidence is
worth everything or nothing. 1t knows no
mean-no medium-and commands faith as fully
as would revelation from heaven, whenever II
can stand unShaken the highest legal tests
Both the crime charged, and the special Incl
dents that have attached to this case, impress II
with features Of awful soemnty. The young
woman, just blooming into wOmanhood, dies
dies mother. She yields her life up, not in Civ,
ing birth upon the marrage-bed consecrated and
s;nctied by human and divine law, paying the
sad tribute of mothers pangs to the tender 10y.
atty ofa welded wife; but she goes to the bridal
of the grave stained with dishonor. The State
alleges that she surrendered her virtue to the cum
ming and lust of the seducer, and that she died by
his hand so that as to his guilt her lips might be
silent, and the only and best witness should be
hushed forever.
The State alleges that she died by poison. You
have seen, gentlemen of the jury, sample of the
poison exhibited before you, on piece of yellow
paper, alleged to be the instrument of death em-
ployed. quantity that may be held between
the delicate fingers of an infant is sufficient
amount to destroy the life of the strongest man.
TO the eve it appears as white and innocent as the
snow flake itself; but yet if taken into the human
system If INSTANTLY bancheS the cheek of robust