The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-26
CIRCUMsTANTIAL EVIDENCE.
THE CASES OF oscuwALD AND RYAN-THE
MERALp's COMMENTS THEREoN--LEcTuRE By

THE CASES OF oscHwALD AND RYAN-rHE
ADoLPH L. SANGER.
lecture on ''Clrcnmstantial Evidence dcliv-
cred Saturday evening before the Young Mems Hebrew
Association, at Lyric Hail. by Adoph L. Sanger, men,
Dor Of the association The lecturer commenced by
stating recent connected with the trial Of
Oschwa.d and Ryan, IN New Jersey, and the interest
manifested by tho HERALD in their behalf coupled
with the suggestion that their nvction was wholly
tho result OF crcumsantial evidence. which SUISSE
quent facts rendered not unlikely, induced the prep
araIion OF this lecture. Alter Introduction which
dwclt upon the romantic interest connected with
and Incidents tho lecturer proceeded TO
develop the theories upon which clrcumstantai ev'-
dence founded
Men in their ordinary vacations seldom guided
by strict rules OF proof when judging OF motives or
actions, and apt to be in distinguishing
between proof and evidence. Proof is only tho effect
OF evidence the highest kind of which is dcnomnated
positive This Is founded on tho evidence OF eye wit
nesscs and confessions-he latter, while apparently
the stronger, Is the most unreliable All other evi-
dence is necessarily clrcumstantiaL
II Is only when an established combination Of
events is asccrtained which absolutely pre-
cudes every presumption OF innocence thai we
eau 6hlc!y ocgln 10 form positive conccp-
ton OF guilt Dr. Paiey's theory that instances
cannot lie, was deemed unreliable being founded on
the erroneous presumption that all tell the truth,
whereas tho fact Is they ali do not and although cir
Guns tances, when reliably proved, eanno. Ito, wit
nesses and do.
Instances we're related showing the unsatisfactory
Character 81 jury verdcts jurymen too often beng
guided by Influences addressed 70 the For
ample. the production OF bloody knife, Oluigeon
or burned piece Of rag may sometimes, by exciting
their passions cnsting their sympathies lead them
10 overlook the necessity OF proving IN what manner
these articles are connected with the criminal or the
crime
| THE CORPUS NECESSARY
| Facts connected with tho necessity OF having tho
corpus elictt dwell upon aud illustrated by
number Of interesting The lecturer referred
TO a case IN Rolc's Reports which was an action Tor
SANDER, wherein theory deduced thai although
a certain cooks head might be spit open so that
side tell upon one shoulder ana tue other side upon
the other shoulder, yet because tho bill OF complaint
did not aege that the man was dead the plantH
nonsued. the cooks DEATH Notwithstanding the
splitting Of his head, being matter OF inference only
The Covin case, which excited considerable attention
III its day, was next referred TO.
| The lecturer based little importance upon comics.
sons. adducng their urrelabiity by pointed illusions
TO the days OF the torture and nquison with tEeir
large tram OF superstition and haucna'ion BY this
means innocent victims were hurried TO death by u
forcing process which It's own evidence.
regardless OF the truth. The belief wtchcrat was
one Of the results which followed these Methods and
rs y sad commentary upon the intelligence oi tho
Bench IN those days II was observed that two OF tho
stone were among the most jealous believers in
wIchcraft
In the Estate trials" could be found case scarcely
more than ono hundred years old, wherein two Wit.
nesscs allowed to testify that they had u
ghost which had told them where q certain Tered
body could be found aud that the parties accused wero
the murderera Upon that evidence conviction ioi.
lowed. Nightmare and somnambulism were fire.
quently simulated 10 escape conviction OF crime Tho
Interesting case OF Soren Qust, where an innocent
confessed TO the commission OF murder under the
euppositIon that be had really committed the crime
while IN u state OF somnambuilsm, was mentioned.
erence TO It's relations to convictions upon circun,san
tal evidence Tho lecturers illustrated by
Instances IN point mentioned IN Shakespeare and the
Jewish Talmud. number OF circumstances that ght
corroborative OF guilt might combine, but, winch.
standing alone would deserve little consideration.
case suggested oil person found shot by ball,
with another part found In the pocket OF the prisoner
another o! man with mis- head spit aud splinter
which exactly lifted the cavity OF bludgcon, from
which piece had been lately broken, carried by the
prisoner when apprchended; aud others Ia the same
| connection.
marked that the position Of dead bouy, the sudden
ness OF death, the discovery of deadly poison, the
distance nj which the knife pistol was found, the
position OF tue instrument or wound, whether NJ the
right left side Of deceased the marks OF blood on
the person clothing or nture are facts which
essential Ia developing the real nature OF case.
DEATH PENALTY.
In conclusion the lecturer SAID that case
should tho death penalty DO inflicted whcro the evil
dcnce rested altogether upon crcumstantia evidence
Then n occurred II may be rcctilcd, and
such horror be lett prey upon conscience
that may have lent our aid 10 consign innoccn
man 10 q ielon's grave.