Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-11-16

indfrisuaIa. eoTstine e ans hfes ~
tent a 1AEsf RBaikais the smEas eBHna o8
traD1aetin1, ia gnar sions 1ironEnela14e
ten1lnR 90 G60B cclr1iou and faIEIIT u
ore q both. xou vii traat 81 TIE uf4
uesssg fairy ard BE- eloW 30 cen6eaau
any e having knoulnzly q inte1fion
ally fallaed. Bat II, akkeR aaEefullF
ecannin4 and weighinR al She egl4eness
gon are ga1ieded ahA1 any witusS has
knouinRiy testified b that WHICH =
Ealses a. b any naatsriai poin1 IN the
cazss Yoz will Be e liberty % disrsEara
hia of oef tz1sfuony altoEeIher except
- far - caEEoboEated b other evt
oenos- A rasterial point h ono. which
Il proved would indaenos your minis
10 favor q q yHrdist 81 g1lit O. Of in
The defendant ~ - liberty 20 20
upuz TIE witness sand and testify. He
has net seen if 20 do %. You viii nos
ail8w any tnfaEenoe Of guilA 10 arise
aEaiaEt tie defendant bso1uss Of ais
failure 70 testify e. = witness IN hia oWn
behalf.
II yea ind from the svidsnss il che
aasa that any evidence exists material
10 the issues here, etheE than thai watch
coald only be proved b The testimony
Of the dsfendant himself, and which, 4
/ pEud1oed, would tend 90 throw light
upan the question Of his guilt OF inno-
oenoe. and that such eFidence has been
ulifnlly Suppressed b any Affirmative
cot o. acts Of the defendant, you are at
liberty % consider suah Suppression a.
a oifeamnsaBos tending 20 show Railf in
the defendAnk.
The defendant has produced before
y01, for bis dsfenns, evidence e prove
that at TIE time of The killing be vas
aoGewhere else than d the place az
killing. This sort o. defenca Is called
In Law IN abb. When resting On trust
worthy evidence i ~ deserving Of great
confederation " the iuxy. Snoh q de-
fenee has often proved the sure and
only aanetuary Of an innocent person
caught In the tolls Of aircumsf initial
eyideacs. Bas. at the sams time, il Is
my duty % cell yoa that ia eases o. cir
eamHtantial evidence the comparative
ease With which this defence nav ha
fabricated Il strong temptafisn e
RnilEy man 10 take ADVANTAGES Of Il.
Courts are in the habit Of insiruotinr
iuries 30 view Il With great caution; for
II it has often been the refuge Of inno-
nee Il haa many times been tha snbter-
fuRe Of guilt. A small deviation from
the true hour or fraction Of an hour, On
the part Of Witnesses 10 time. whetheK
FROM mistake or misreoolleoti0n O. par
t1altty o. subofnati0n, may pFoduoo in
. ease an apparently peEfecf axcaIpation
Of she real criminal II yOu shall Be-
satialisd from the evidences that this de-
fones In this case has been wholly or
/ partly falsely and frandnlsnaly fahri-
GATED, as Tor example that il rests upon
a mistake In time on the part Of some
/ witness OF witnesses and on perjury on
the part 81 another or others, you will
taxa the falsity and fabrication Of the
defence into eonsidstaai3n a. ciroum
stancss sending 10 throw light on the
maiR qaestion Of the guilt OF innoosnos
OF che prisoner a1d Is AIDING you %
reach q correct verdict. Bus VOC will
notice thar q false and franduIont fahri.
cation Of snoh dsfsnoe does not nooes.
saFiiy imply gailk Of the crime charged.
although 10 may tend 70 show saon aniie,
An tnn0Oent man, Or the friends of al
innocent man. seduOsd By fear OF some
other motive than conscious guilt, might
prefer such 9 defence. Whaa fha fact
IN this case 10 knis respect are, 10 not for
me- bat for you. to say. I. a. presiding
Judge, can only advise and enjoin You
as regards this defence. 70 ecFutinizs
and disssct Il search Il ont be moi
deceived by u, and give ID all tne fsro.
and only the foros to which, apon the
evidence and undeR the various instrue.
lions OF this charge. il 10 fairly entitled
Lady and gentlemen, / am doRe.
Take the case, and remembering ths
magnitude Of the interests involved, fos
society and for the defendant, bring ID
the righteous verdict.