The Panola weekly star. (Sardis, Miss.) 1882-18??, 1885-08-01
JUDICIAL ERRORS


I..r .ummun .' muf unn.,
..rns i ns n tHa r. MUD Tint
r.uum.,au,iI evidence 'hr beast
Trustworthy ul al, on nNuH ru ha.r The
conviction u one accused ~ crime So
strong is thi, prejudice that many .kil.
iul advocate, make successful use Of u
in their arguments for the defense, aud
actually succeed in compelling jurirs Ia
return ,crdicts contrary 10 their own
settled convictions. lest thry should be-
misled By circumstaniial evidence But
the actual fact Is that a very large ma
jonly of convictions necessarily result
from circumsiantial evidence and while
some errors have arisen. their number
Is ~ small In proportion to the vast
mass Of Just verlicts. that they arr
hardly worthy VI consideration. except
A. parts Of the history u the c%uriositirs
Of iaw. or as warnings for the cautiou,
Use IT MI cln,sc. ot testimony In reach.
ing a conclusion.
In order to get a clear understanding
Of the subject In discussion Il ]. nccc,.
sary frsi 10 start with something like a
definition Of what Is meant hy circum.
siantial evidence. After that. the eases
quoted below will supply the argument
a most lucid statement Of the point i
briefly made Ia Ram on Facts. "a book
well known 10 Law students. and one
which ]. written In q clear aud enter.
tanning style hat would make il a. &C
ccptable "a the primary reader A. the
latest novel. were Il not that the forbid.
ding shccp-skin binding aud the name
"l.aw-book' prevents any but profes.
sional men looking within H. covers.
For that matter. there hmuch enter.
tainment. A. we'll ~ instruction. To b,
found 10 the page. II every wcll-writtcr
legal textbook bat the general public
seems bent on shutting IT, eyes To tn,
fact. This probably Is fortunate fo
The lawyers. Ram SAYS; These fact
1.-THE testimony ranged Ia their pro
per places. as time aud other incident
AfAAMAAfs ANAAN ~ HhNAfH WIN AAAiNF
evidence Of every part of the story; 3
complete the tale there !. not wantini
direct evidence II any fact In othc
cases the facts proyedby direct eyidcnc
form an incomplete story; the chain q
iacts composing II Is imperfect; To com
plete the chain there is wanting cyidcnc
u some link Ia h. In a case of this sor
the missing fact can sometimes bc SUI
piled by the facts proved hy direc
evidence; from these facts the one mis-.
Ing may be Inferred. Thccircumsiancc
proved by the direct evidence suppl
the inference; they arc thus themsclsc
evidence. although not direct. Of III
fact wanting and they. united with IN
inference. constitute what j. called eli
cumstautial evidence. To draw III
inference Is the province u the jury"
II would 10 difficult TO lind anywher,
or for the most accurate thinker an
writer Ia phrase anew, . more perieC
definition u what is meant hy the legH
phrase eircum.tantial evidence. Tax
the Maxwell. preller caso for instano,
and zee how the definition applies |
order 70 40 this we must suppose ths
Maxwell u here and upon his trial: tbs
the body found at the southern Hot,
has been fully and completely iden,ifs
A. that u Preller, that prcller WI
murdered; that Maxwell was the IN
man known 10 be IN his company VIII,
he was alive. that Maxwell. Ia his figh
carried away valuable personal propc
~ known TO have belonged to Prrlls
and that the amount II the valuables
carried of would. In consideration
the proven nction aud character Of d
accused, have furnished 4 probable m
tive for the commission ~ the erin
All these points. except the last. whic
. Is the case 10 Judging all human N
tives must be matter Of inference, =
subject 10 direct proof or disprooi.
proven beyond q doubt, then the inf
enc will be irresistible that Marw
committed the murder. and all tax
together. the direct testimony and ,
final inference on which all will him
will comprise one mass Of circumsti
tal evidence. This particular eass
referred 10. not for the purpose Of p
judging Maxwell. but simply to III
trate the subject under considerAti
with = story that i now exciting pos
lar attention the world over.
Yet. though circamsianti.l evideu
holds this high rank 10 the estimation
lawyers. the books are full of csses
Which the strongest Of soch evideu
rs proved The most misleading snd !
osoeEht npon innocent heads The d
alsy Il crime. Cicero relate. . rsmsl
~ csse Ia siut: A man going 10 M
81 VITA : sun NJ monev " Ne ~p-.
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e = Nm he tus ell mo cnux
- - . uutual likisg ~