Ellsworth American., 1877-05-24

| that ii is unreasonable to rely upon her two
/ different statements, the statement TO Mrs
| Webster that she was in her bed when the
Weesters came in and the statement she made
/ to Emery.
Onth other hand the government contends
/ that IL has stronger force to contradict her
/ that she has told various contradictory stories
/ Inconsistent with themselves, aud incousisten nj
with her story here.
Mrs. Ekiridge testified; and IL YOU believe
/ htr story. You will judge whether you must not
\ believe that the prisoner got home at half aftsr
nine or thereabouts. And. in order To contra
| dict her and discredit her statements. the gov
1 ernmrnt Introduces a witness who iesti6es that
I Mrs. El1ridge told her upon saturday, that her
| brother came home in the might. Ard the
! counsel for the prisoner suggests that she
| could not have meant anything more by that. II
/ she said il. than that he got home in the even
l ing. half after nine. The counsel for the state
/ suggests that she may not hsVe Understood Nj
/ that time the bearing uf her statement.
word or two 10 the different classes OF
witnesses who have testified. How far shall
Z the testimony OF the accused BE- acce pied
/ He can testify in hi behalf; but he il Iarty
sccusrd OF monstrous crime. IL he is innocent.
nfcourse YOU can believe him. But YOU must
consider If he j. guilty. whether ~ would not
bc two much to expect Of human nature, that
he would tell The truth when faisehood would
b. more likely tn screen him from conSictiou
Therefore testimony that amounts upon the
part OF the prisoner. in such an ofen>e A. this.
To merely dental, Won will judge whether il
would amount to much or not.
sun YOU have "a chance p aud hear him.
ani obtain inpres tors from his appear snce
one way or the other. And he ha> the oppor-
tuuity Ia make explanations. aud bear the t"sf :
nf eNtminstipn and truth It spoken. may have
~ weight caInng from any source. IL j. for
YOU To decide whether ynu VII give sns
weight to his tc>timnny. eft her for or against
him. aud II 30, how much.
70 HI wife, brother and sister, what credit
should bc given. on account Of their relation To
the pri-pn'rs You must bear IN mind. gentle
ru.u. thaf thu tie between that class Of wit
n,>>cs and thc prisoner J. 4 natural one that
ih.ir interest fnr the prisoner in hi peril must
be- Of tho strongest kind; that these witnesses
are uuirr I tremendous temp. alton TO eXag-
yrrA'tnn, cnloring AMI falseho,'d; that in this
. T. t>' il would be an easy departure from the
flrt. a, II aimed even bs the state Tor the wife
,ul ,i-trr 10 date the coming of the husband
ant hrothsrat nm earlier hour than he came.
81 they may tell the tru{h, aud YOU may
believe at they ~sv. or not word oft. just
a, you please. according To your honest con-
yictIan> A. 10 it. iruihfuincss. Much must de-
pend upon the nafurtlness and probability OF
their story, sni whether corrUhorated or not
/ hV other proof AMI the cirrumstInces Of the
case. But the amount ot weight 10 be attach
cd to their testimony il entirely matter for
yuu. with which |, o. any opinion of mine, can
have nothing ID 50. Ana thi, latter remark
applies 20 al the testimony in the ease from
the beginning TO the end.
Th,nHhr counsel ipr The defence complains
% the testimony ~ the officers. and perhaps
~ some others. a. bi lSed and Interested. las
hc cause for r.. II YOU perceive such testimony
"a hc ariuatrd by auy hlts or interest. growing
nut % nftirlal zral, deduct from Il accordingly
The state argues that there would be 4
much greater degree IL moral turpiiudc in
attempting tu falsely swear crime upOn A
man. than ia attempting % screen a man from
punishment flr crime, AMI that YOU cannot,
and DO urt be iieys. that ans such motive could
arluafe any Of the government Witnesses, and
that any mere mistakes oG testimony would b.
untufr tIousl
There i forcr IN the suggestion, put hy the
government. W hat motive have the witnesses
for th" government % fV the crime upon an in
uncrut 10 an AMI what motive may the friend,
II tho accused have 90 clear him of crime. il
guilty. >tiil Won ought 70 box to al the tes-
tImony CRr'f fully. examine the motives u all
the witnesses. see whether there /, undue
zeal or Int hty 70 mi.t,kr. aul giyc al the
testimony on both sides IT. fair, honest. Iu-t
weight. rNlcty srcorius To YOUR convection uf
u, value Ini truLhfu.n
Now ln done, gentlemen. In nv review ~
thr evidence, have emitted to mention SOM,
matters undoubtedly. There are some matters
oi minor character on both sides that have
not time 10 mention. You viii bear them all
Ia mind.
Now. gentlemen. thi, question come, 10 Won.
tn" tat" ht, undertaken 20 show you a series
pf facts and circumstances a. they contend.
lluw Inany facts and circumstances have been
prpe,d' II one j. ~vt up. and not proved. lay
il cat ut account: It merely becomes Of no con
sequence. Ihr failure to prove an alleged fact
or csrvum,tlncn. hy ~ mean, necessarily r.
lease, thr prI-nu-r Lay !, ont ui the array OF
/ circumstances.
Then consider ltr opposing circumstances,
such = thcr" arr, and >rv what weight YOU " III
.lNr tu them.
\,,y III. t..firr,,f,v /. an haI,r, ~, I, Ia.
fixed an impression upon YOUR intelligence. and
upon yuur souls. lou have patiently heard IL
have no Doubt You appreciate III and you
mu>: obey IL. Whittier does Il carry yon, The
force of II al becomes now a resultant force 4
concluding force. II i in YOUR minds, weighed
( measured, counted. aud l. To b. declared How
I dpy, 1t SWAY you: How do YOU feel conyin incrd
I ~ such i8ct- and circumstance n have been
. proved To- YOU; Do such A. have been proved
4 10 YOU. 4riuatc YOU 70 believe tnAt the Ofen~.
4 charged = made out, ani satisfy YOU Of ia,
guilt pf the prisoner; II -. declare it hy yuul
/ verdict II not. .ay that hv yonr verdict.
The responsibility has passed from the coun
I -rl, j. passing from me-, Anl j. now 10 fall upon
Y sou. The responsibility, d. single one. II i,
I tor you 70 4.t according tu YOUR honest cunvic.
J ton,, upon thr law and testimony Of the case
4 You hive taken solemn oath TO do -
Y There i no other way to discharge duty
v Tor IN" or Tor you, or ANYBODY else except I,
Y ID Il honestly. mAntully. cour igeou,ly aud un.
Y Your minds. Wherever your convictions LEAD
VI you. ipp~ Those convictions, II the law and
Y The evidence have carried them to your mind,
I All has been done in thi. case that could be
( done. The state has acted it, part fairly anc
\ wtll. The prisoner las been defended ably
v fully and wotl. No more could be done fOr N,
/ state, IN my Judgment, AMI no more for III,
/ prisoner.
1 Now society has an interest. Tho ruth is t,
b. ascertaincd An awfullmurIer has been com
mttcd. The safety OF society demands tha
We should discover the murderer ifa possibl,
l thing. All interests demand il. II the prl.onr
/ i not guiltt set him free. IL Is a terrible
| thing To b. falsely accused and falsely impris
/ oned.
Gentlemen OF the jury. if he is guilty, yo,
VIII convict hun. II be is guilty. the YER,
/ carta on which we stand cries out aloud 70
1 hts punishment and conviction.
Gentlemen, unlr>>s some requests oi coun
sci require 1t, have not another word TO add