, 1876-02-25

| scc.pn OF ffauos In the West, Rogers, Broot =
tloa FOR tho benefit OF the conspirators. his ::
ters Indicate. In Tho light Of such testin :
the 5uty should examine tho alleged conneo : i
o. o. tho defendant with Tho eonspt y :
declarations, ofsl and ~ @r,t.en. Il @ia
not 10 1nuch from isolated facts ond
circumstances, ntI! % from Ill Of them taE s to-
Eo'net and weighed. that right conclusie = ,an
many t1.m asls' Or groups Of sets, taken aop o1y,
w! feil to establish tho existence or nAt. Of i
RenesaI plAn' when sli Of them considered to-
eSonet o th.a ~ careful and pauatenng WAY, will
aaa aeclafa tho nature aud scope thereof.
THE HtNa wITNEssEs
| bome OF tho Witnesses OF, TIM nnrt ri tia 1ov
ean9sa esnHens Oh msserta! and disputed points arc
eonfeased membors Of the conspiracy, and under
Indictment; therefore such connecitoa with the
oHooso makes thom accompl1coB, and it thus
becomes necessary that tho Court should etato
, 70 ths Ivy tue ~ touching The testimony Of
plsces arc competent wituosaes; thAt means Tho
| parties have tho right 10 have thom sworn. It
aIao implies that whon sworn you shalt consider
d sneif seasaiony. r. Ihey arc competent Witnesses,
may bo compelled to testify. Tho Testimony Of
conspisators Ia always to DO received With e1-
tremo caution, and weighed and scrutlotzed
with great caro- BY the jury, who should not rely
| mind tho ful!ost and moot positive con-
| yactton Of its truth. 1t ia Just and psopor
u , auch caacs for the Jury to seek for cofrobo.
rat1og fncts IN materi.l respects. It 1t Just and
proper to do 1t, but 1t ia noi absolutely neccssa-
~. provided tho Testimony Of tho accolnplioe
produces In the minds OF tho jury full and IN.
doubted conviction OF tts truth. To the Jury OK
e!naive!y ho'onEs tho duty Of weighing tho owl
deuco and determining Tho crediblllty Of Nit
nosaee. With that tho Court has absolutely
noth'nG to do. Tho degree Of credit duo to 4
| "nneas shouid DO deterrnined BY hla character
aiid conduct, BY hls manner upon the stand his
relations 70 the controversy 1nd to the partiee his
hopod and foaEs; hia bias md impartielity tho
| RESPONSIVENESS or otherwise OF tho statements
ho makes; tho strength or weakness OF Bis roc
ollection' FteNod IN tue light Of al other tesst-
mouy, faets and circumstances In tho CASE. II
any OF the Witnesses are shown knowingly 10
have testified falsely In this trial. touching mat
tefs here involved, thoJ are at liberty to reject
tho "holo OF thair Testimony in the tsial Of this
| cAso.
DAncocR's CHARACTER.
The defendant has produced Al impressive ar
ray OF Witnesses OF tho highent cher
asteE. who have testified to his provl-
1as unfo1m n9 sna general good reputation aa
petent sTfdence, and tho good character Of
tho defendant In this respect IL fact to
bs Weighed and considered By tho jury in tho
light in which they should vlcw al the evidence,
and detsEmine his Innocence orguilt Of the cr1ue
charged against him in the indictment,
Iho above is tue settlod rulo Of tho low in all
criminal cases, - well in those III willct, direct
and positive evidence Ia relied on a. il thoso in
whlch tho proof is eirrumstantsl. but in ca.es
Of tho latter kind the evidence Of preFious good
character las more scopo or forca than in caseB
wharo the proof Of the oiYenee ia posdYo and d.
res .nssa 10 tao ~ ianguaEo Of A. eminon; judge
90 mode out that no characters can mako them
doubtful but thcro may be othe.n in mhich evil
dcnce given against poraon without character
would produce reasonable doubt: nav, IN
wIiEh fHRr&rkAF will hr}ralfw t0h
which might osherEl appear conclusive" 80,
nc repeat. tho evidence On tho subject Of char
acter is fact ftt aud proper: Ike III the other
M tacss ~ Ia tho easo, to DO Weighed snd estimated
BY the Jury, who, when forming their concln.
aions upon tho vArloua acts and circumstances
relied on against defendant. will inquirn and do
teslnine Thothcr aposson whose character 10 suoh
teatltying On that subject, has or has not com
mitted tbs particular c1iHo for which no la
callod upon In answer.
ctEcrMsTANr1AL EVIDENCE.
In cases depending upon circumBtAl,tjAl syi-
dence, certain rules Of law have long been set
tod which 1t is essential that you should uudor-
stand and aE,ply. We adops ID correct exposi-
ton 81 : ns 10y On tlse subject the opinion OF tho
rothesis Of ielinqueuoy or Euiit Of tho ofrenae
charged In indictment should ownaturally frorn
tho facta proved, and DO consistent with them
alt. Second, tho evidence must be Buch as to
biz guilt Of fho orenso imputed to him, Of. IL
other: uorda. the facts proved must
oil DO consistent With and point 10
Its guilt only but thsy must 10
cannot bo scconctted other with tho theory Of
Innocence or guilt, the law requires the Jury to
cive to tho accused the benefit Of tho doubt, aud
adopt the former. Tho burden Of proof docs
cusion throughout to establish tho defendant's
guilt ~ the evdcnce. aud 10 criminal cases ths
defendant, not being permitted 70 testify. cannot
DO cal!cd upon to explain OF produce aly proof
sea sa t' p!ossss e5s 81 s s srs: s:ioDd
Tho defendant, By tho policy Of Our our
Law, cannot hc compelled nor permitted to tos-
t,ly .s q substitute M for the doprvas!on. The
Innocence, which attends aud protects him until
1t is overcome by Testimony which proves his
guilt beyond reasonable doubt, which mcans that
nS Of s gas y CHARGED nuss DO
minds And couscionces OF the jury. It ia not
aufllctens In criminal caso to Justify ve5dlct,1
OF guilty that thclo may DO strong suspiclons or
% y IN
Of thu truth Of tue charge against the defendant,
but what tho law requires as proof by
LEGAL AND cHED1rApLK EVIDENCE
Of euch nature that, when 1t IL ali considered
BY tue Jury giving 10 it ito natural effect, hoy
feel, when They haye weighed and considered it
all, clear, undouotng. ana entirely satisfactory
conviction Of tic dcfeldanta guilt, This, and
this ouiy. is required. II thus Ia provod tho
jury ehould convict, but il not, shoy should &C.
quit
rA1T1sAN FEELINos.
Wo trust, gentlemen, 1t Ia unnecessary to re-
mind you that neither partisan feelings nor out.
ailc viows Should hAyo tho slightest Influence
upon your minds AZ turora. In every FREQ Coy
arnment 1t ia not only tho right, but the duty,
Of Zach citizen to form and express On
all suitable occasions his convictions aud
opinions as to Governments! policies and party
organization. 1t IN natural aud proper for him |
to JOIN such party - moat nearly seconds With |
hts v!ewa, but such vIews and party Associatioas
should remain entirely outalda the jury-box. No |
popular or partisan cLamors, no cztraneous |
wtshes and considerations, nor thoughts other |
than which pertains to strictly impartial Justice,
can be permitted to invade the sanctty Of the !
turyroom, OF bias OF Earp, Or even Shade lts
deliberations without destruction OF tho safe
guard to life, llbesty, aud property. furnished
through trials by Jury. Il has been often
aud forcibly eAtd that 40 long "a trials " Jury
retain their full force. impartality, aud purity,
the liberty and rights Of the cltzous arc alike
.. .fxx HNak$H 1