Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-06-05
THE GRAVE OF LILLIAN. AT oAKwooD CEMETERY.

nal Justice, like every other human pro-
duction, is necessarily imperfect, but
YOU are not, therefore, to stop
its wheels. Because men have been
scalded to death or torn to pieces by
the bursting of boilers, or mangled by
wheels on a railroad, you are not to
lay aside the steam-engine. "
INNOCENT MEN.
That is the argument of this learned
Judge. Does it not strike you as
sensible, as practical, as meeting the
everyday needs?
Z" Innocent men have doubtless been
convicted and executed on circumstan-
tial evidence but innocent men have
sometimes been convicted and executed
on what is called positive proof. What
then? Such convictions are accidents
which must be encountered; and the
innocent victims of them have perished
for the common good, as much as SOL
dierS who have perished in battle. All
evidence is more or less circumstantial,
the difference being only in the degree :;
and il is sufficient for the purpose when
it excludes disbelief-that is, actual and
not technical disbelief; for he who is to
pass on the question is not at liberty to
disbelieve as a juror while he believes
as man."
SHRINK NOT.
Does that not strike you as right
You hear on the streets some rumor-
some responsible man tells you, not
under oath, and you believe it as a
man. You would not believe that as a
Juror, taken in connection with what the
Judge has said. If that responsible
party under oath-under the same sol
emn oath that now binds you to your
duty, and from which We do not be-
lieve YOU will shrink, and which would
be entirely for you to belieye-tells
YOU the same tale under that oath, have
you, as a juror, any more right to dis
believe that man as juror than you
have otherwise as a man! Is that sem
sible? Is it practicable? Can the
wheels ofgovernment 90 on? Can there be
protection Of life, liberty, and property
if you are to undertake to dcnounce
men as unworthy Of belief who have
not been proved to be so simply be-
cause you find that upon your should
ers rests sad and solemn and stern
duty. You should not shrink from
your duty, and if you shrink from it,
for Gods sake do not shrink like
towards and try to place the burden
upon the innocent shoulders of wit
nesses, but like men stand and say, Il
fear to do it,
Certain cases Of fcircumstantial proofs
to be found in the books in which inno-
cent persons were convicted have been
pressed on your attention. These, how
ever, are few in number, and they oc-
CURED in a period of some hundred OF
years, in country whose criminal code
made great variety Of offences capital.
The wonder is that there have not been
more. They are constantly resorted to
in capital trials to frighten juries into a
belief that there should be no convic-
ton on merely circumstsntial evidence.
WILLING TO BE QUESTIONED.
After this discussion Mr.. Meredith
read over the instructions Of the Court
but first he said to the jury that if in
the course Of his remarks he failed to
make any point clear, task me to ex-
plain it, and if can't | will admit that
| can't; because | want, in this cause,
a verdict that is just and proper-no
matter which way it may be-"
Reasonable doubt" "degree oi
probability" "moral certainty" &C.,
&C., were then considered by the
speaker, and the definitions outlined
by Colonel Aylett argued and sup,
ported. Upon each Of these terms de.
fence and prosecution put a different
construction construction adapted
/ to their views of this case.
DEMONSTRATE.
Mr.. Meredith construed this term
and said he: II cannot demonstrat,
The guilt Of this man, but il you will
take the facts Of this case aud bt
guided by reason instead of fear and
lnxiety, ! can make it plain that thcr,
an be no doubt Of his guilt Jadst