Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1888-10-12

introduced upon that point the testimony Of
medical gentlemen as experts and who
have also given you their opinion upon this
question So YOU have here two sets Of
opinions Of medical men-men learned up
on this particular subiect--and who have
given You the benefit Of their judgment in
the light of their learning and oppOrtui j.
ties Of observation about this matter The
point Of divergence between these two sets
Of opinions is in substance that one class.
one set Of these physicians. the three of
them who were introduced by the state who
participated in this post mortem examina
ton, which they have fully described to
you, give it as their opinion and conclusion,
from what they saw, and from their expe
rience and judgment, that there was vio-
lence, and that it was the cause of death.
The state also gives you the opinion OF DR..
Allen, who comes TO the same conclusion as
these gentlemen who participated in the
post mortem. DR.. Allen was introduced as
an expert solely, as he did not participate
in the examination Of the body. The other
class, introduced by the counsel for the re
spondcut, state they are unable to see how
it is possible to come to conclusion as to
whether the woman was killed, or whether
there was any violence upon her, or wheth
err she died from natural causes am not
stating the details Of their opinion but just
stating enough to show the points of diver
gence. You will remember just what their
opinions were.
You have these two classes Of opinions TO
weigh, and you are TO weigh them in view
Of the opportunity that these gentlemen
had to form them. You are also to weigh
these opinions in the light Of the reasons
which they have all individually given un-
der the careful examination and cross ex-
animation, for them. and the reasons why
they come 10 the conclusions to which they
do come. And you are to consider how far
these reasons are satisfactory and you
should weigh these opinions in the light of
good sense and judgment and bring all
your best faculties to bear upon the sub
iect SO that you will be able to see their
true weight as they bear upon this issue
which you are finally to determine. You
are the ultimate judges as to how this mat
ter occurred it rests with you, and these
opinions were put in, not to take your
place. but to aid you in coming to your de
csion. The responsibility and duty lies
with YOU You are to decide the question,
aud you are to give all this evidence its
true and Just weight in making your decis
ion. Counsel also refer to this presumption
Of a natural death, to which ! have already
alluded. and YOU are to give that its proper
bearing
The counsel for the respondent urge upon
YOU in this connection, as bearing upon
this proof of marks upon the person. that
it is weak and unreliable On the other
hand the counsel for the state urge upon
YOU. with great earne,tness, that they are
well established. and the fact should be ac-
cepted upon the evidence they have pro
duced You are to consider all of these re
suective claims that are made upon this evi
dence. The counsel for the respondent al
so urge upon yUu that the position and ap
pearance of the body. as il was found, can
reasonably be accounted for as the result
of natural causes. or in some other way
than upon the theory Of an assault, aud
then being nut there hv an assalant in the
position found You have heard their ar
gument upon that point. Now cun that be
done If So YOU should do it. and this fact
or circumstance as evidence Of death by
criminal violence drops out But the states
counsel argue strenuously the other way,
and say that the position of the body and
the appearance Of the clothes cannot rea-
sonably be accounted for except upon the
theory that the body was so placed after
life was extinct.
Now what do you say between these re
spective claims . The respondents counsel
urge the improbability that anybody would
/ commit murder at such time and place.
This is ii forcihle suggestion on the theory
of premeditated murder. 1t has less force
on the theory of manslaughter occurring
in sudden passion
Upon all this evidence by both parties
including the presumption alluded to, and
| keeping in mind tine rule already stated as
to the measure of proof required ON this
point, what do you say the fact is about
this having been death by criminal vlo-
lence In deciding this, as III all other
| questions, keep your eyes well to the evl-
| dence. Sift it carefully, sift the arguments
carefully. Exercise your best judgment IN
| the light of reason and experience. DO
not be misled by unsound arguments or
suggestions of counsel that are not based on
evidence and reason. Do not be led oil IN
to consideration Of matters outside and not
bearing on the question here involved, If
there was no crime. that ends the case. If
there was. then proceed to the next step.
Upon the assumption that you have found
a crime committed, the next question is did
the respondent commit the crime Leave
out. for the present. all question of degree,
and address your mind 70 this single ques-
tion. Upon this point, to establish the tact
that the respondent Is the guilty person
the state has introduced evidence tending
to show the appearance OF TINS woman thaI
morning the state OF her health tneh ana
before As compared with what II had pre-
viously been, also her acts ana conduc'
that morning, and also where she was seen
and who was in the post office prior TO hei
being found dead, and all the circumstance
oi her oelng iouhu anu aIso Ve"u."o -
SHOW that the respondent was 1ie 'is' r. t.
son III the once anu eilal s'iay a. Juso tL,
iore the oouy was louhu' , I.iIa"oa " as -,
leading points IN the sIaUe eSlueICe a.
recall II, omlttihg all the ueVahs: u aisu
ment the counsel explain thelr tnTo'! ~ ~