Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1878-01-16
THE TURNER CASE.

issue of the Philadelphia Ledger, ms fol
lows:
Tho argument in the case Of Martii
V. Turner Is. tho Commonwealth, be
fore reported, was continued yesterday
Senator Wallace took up his assign
ments Of error IN detail, and in an OK
hhusiiva wav urospn.ed them 10 th,
i; ~ AealASES~ S@A
: = -. .. ,-~l- .--y . .
upon the charge OF the lower coail, IL
which the jury were told thirty on,
tlmcs that they must bc satisfied, mus
believe the evidence 10 be satisfactory
must have satisfaction Us TO The guilt o
the accused. The use OF the words sd
ltisfed, ,sesiSssc,SgS Satisfaction, without
qualifying words, were claimed TO hav,
been error, the law requiring that th,
jury should be conrinced, not SATISFIED
beyond u reasonable doubt" of tb,
guilt or innocence of the accused. Th,
action Of the Court IN charging th,
jury substantially That il required i
greater qudntum Of evidence ON th,
part of the accused TO prove an dliJ
than was required Of the Common
wealth to prove that bo was at Will
lams' on the day Of the murder, and did
commit the deed, was also severely
criticised
Concerning that part Of the Courtt
charge which spoke Of the manuiac
turc OF testimony as an element, after
tho failure Of proof OF an abb, to BE-
considered against the prisoner, Scna
tor Wallace spoke ut length, contend
ing that such instruction virtually took
away from tho prisoner tho benefit OF
the doubt he was entitled to upon this,
as well upon all the other branches OF
the case In commenting upon this
point, he spoke as follows
The Coart says upon this subject
"An abb, if proven, constitutes II com.
pletc defence. II il is not proven and
you think il is not, AN attempt to man
uiacture evidence is circumstance
which always bears against the prison.
er. No innocent person is driven Ia
manufacture evidence This part OF
tho charge logically means if Turner's
diibi fails he manufactured evidence
and therefore he is guilty person
This is gross error from every stand
point, and worked great injustice u
the prisoner. First, because il is a
statement from the Court TO the jury
that, the alb failing, the truth OF the
CUmmonwealth's allegations Is there.
by admitted. Second, the defendant
might manufacture evidence and still
Re innocent, and this fact would be q
circumstance 10 be considered by tn,
Jury, but is not a matter OF law upon
which they wero to be instructed
Third, there was no proof that Turner
manufactured testimony; therefore the
Court was in error and fourth; a fail
uro to prove an abb is not proof oI
guilt, as substantially stated by the
Court.
Commenting upon tina: part Of thu
charge which held the prisoner TO q
hiyher deVree of nroof than thnt reouir
ed ot tho Commnnwcal,h and which
virtuallv tbrcw tbe burden of nroof mn
on him TO establish an dlibi, Senator
Wallare con,endcd that The burden q,
nronf was in law nnon tho Common
wealth, and that the allegation OF al
ann was No, a nloa which nm, the bnr
den of nroot on tbe nriaonar bnt mere
Iv n traverse ot ,ba Commonweal,h,.
Allegation and still Ieft the prosecution
,bc 1,bor;ny oar N nrove ,b., the nr;s
oner 0did In and mnrdsr az alleged
In tho I'm nj indictmcnt
ia or,ucd rnr,hor tba, :, wos no,
sonnd law for tho con,t below IN bold
,b,t ,hc defenco must alirma,ivelv
nrove an oIj5j as fact from i,s ow,
nxclrs;vc ,cs,imonr and con,ended
Ia, !, wos ,ho law nnon ,bat ones,ion
~, st ,he ,as,in,dn,. as r,,I nnon
,hanas, - y" =, ,ho C,'mnoo; .,aai,h as nror
~, H. c,ha d"cono. ,ss 90 r., aons;dar
ad hy ,he ;nrr srd r. ,he ;urv wa.
nv, so,;ssad =, ,ho nrooe ~ IA cj;b; a.
!, oao, ,,h;oh on,;,lad ,ho n,;son.r ~
: an,n;,,al n,,nn ,ha MN ',rornd =,
;n,aodnoa ,han ,ho csc, ,5a, IN. ,os,i
rannv ~ 10 doandan, ana ,ho Com.
%a.o'',aa,,h % baa,;n', -, ,La, oa;n, 900.
''ma;aa, :, - ~, III =, Ill.,
sulno.ens ,, " la,'e y, sa, VIZ m,"' /" nv NV
jury rcacohao'e uouo' as " v"o % any
sa''o"s ., 'no Io,","o''w.a''n ,.,I' .na' y
'ne ue'o"u,n' ~ u'u .no" anu ..e,o ",'
must ope'"'c 10 'ne "oq"'''"' VI '"'
acSuscu' m,
Vpon 'no Wno'c ques,,on " eno "''o'
anu Wv euu'eo U, M 'uo Noui. eonvr," ,,,,
nnS ~ eena'or "a''a'o sa'u inu ,p
Mno'o VI 'no .''aen'o uPo" s"e "'.o .
was not gwen 70 'no jury az NY @ on'
.r,he ~, OF W any ono par VI 'ne ,narge
a ne Pr.soner % was ne'u a,,o,;onI W % go ,Ls,
a.i',sae'eo,y, ,,h.o !" m 'y ami',;as 10,
ane M 1o',''''o''" s'.,n a' a1',,, "oa @ .ua
no Nv. .,u sue" a NJ ,Lo ~, S,,s'n1.., @ ~" na'J
~ o,no' az, "o,us' nv '"S us,sua' 20 ',;a 'iu n
W "n'''''e',su r.., p,0u' W - s, :.
our proo, ia''o" " "so vac no'u = 'A.. '. "
inier gun lro'h. anu 'no uoo'.'nc s 'na' ~
tnc wno'e eaSo - 70 ~ 'asvn 'n'o @ .o. ~,
siucra.'o,' ~ ue'elnn'n'ns 'nv ld''1rJ' ~,
., gun of ,nmoor"uv Is rr n'sa1' snur,h noin, ~
conr', 10 answering "y 'oul'n po'n' y,
hoius tnat We 'nuss PHI PHI, Va. w. IA. a.
Tr so'y "NJ P@s'''. wv ,vu gum
aaN ". ~ oon.e", y W. w. a. /" ''nes'.' :,
.nay ~ a. '.Ssy aPou oui s,uo aS y y
aa ae =, ,pavs "o" "o " S TS; ;so"s, pIVs y
~ o., ~ .ue M s.s' saa'',,.., M. aoas" |"
~" NV W. au a.i"I.'a .i". no J.iy "a,
, Nv. ,sra ~ .'snva s. ;s. .""s no "as u'so g. ~ -
nos sne,u ,', ',on, c ',r,v"G.s mr., M ula"h ',ou n
'no w who,e , paoo', in,s Is enough c CIV
aoo, o,VuS". W S." "po" '.,, '"V IO", m
'nonMea''n , : PIoo' ,. may T,, rauso 'no Jur,
"a ~, ',a11.ao'y ", ,a ues''"se, - in's ,s enougn
anu s'i s'es. a'o p'vo'7 o'ner nm ',,'
HtOoi VI lhVt to,aiiy ihVoihpnNioi'