Somerset herald. [volume] (Somerset, Pa.) 18??-????, 1889-06-08

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evening Of tire n.shs of tae .Itn Of rep
ruary. and at the same time IN +" asiiaofe-
land county, at as much as - 70 ID miles
from the Umberger b0use, And
that therefore. notwithstanding iae test
mony orthe Commonwealth, a which II
endeayors to identify them ~ The per
sons who committed the olfense, that the
Commonwealth witnesses mnst be mis-
taken as to the identity Of the parties
who committed the homicide and there
fore they should be acquitted
It won't be denied that if tie accused
have successfully shown that at the time
Of the homicide they we're really II
another place sufficiently remote from
the scene Of the ogsnse 70 that
they could not possibly have been pres
ent. then the conclusion would be irresis-
tible that they could not have committed
the oifense.
It is undoubted law that an alibi is as
much Of a traverse Of the crime charged,
as any other defense, much, howeyer,
depends on the strength Of the alibi
The stronger the evidence Of the truth
Of the alibi, the more irresistible Will be
the conclusion Of Innocence, but, the time
relied on to establish the abb should
correspond closely with the time Of the
commission Of the crime, SO a. 70 show
that the accused party eould not have
been at the place where the oiiense was
committed. Or the evidence ofthe alb /
should be 50 strong, taken IL Connection
with all the evidence, as TO raise rea-
sonable doubt Of the presence Of the ac-
cused parties at the homicide. That IS,
though the proof Of the alibi should not
be clear, yet if the prooffaads TO establish
an alibi, this, with 9ll the other facts in
the case, fit raise a reasonable doubt,
would acquit.
In cases where the Commonwealth
rests upon positive and undoubted proof,
tending to prove guilt, IT should not be
overcome by less than fall, clear and
satisfactory evidence tending to prove
the alleged alibi.
The burden Of proving guilt lies on
the Commonwealth and is at no time
shifted hence, the wealth
must satisfy the jury Of guilt beyond a
reasonable doubt All the evidence
which tends to establish an alibi and
that which tends to disproe it is for the
jury and the jury alone.
The inquiry into an alleged aIibi in
wolves time, place and person, as well as
the credibility Of the witnesses aud the
reasonableness OF the alibi set up. The
Jury are to consider whether the alibi as
20 time is made cut, FOR, it might happen,
that the fact of the parties presenc e at a
certain!place on a certain OCCASION may
be true. yet there may be mistake as to
time. The jury must consider the al
legged time OF the homicide, and the al
legged presence Of the prisoners at the
same time, and ascertain whether any
one Is mistaken this they must do how
ever on the evidence.
An aIibi when duly established is one
Of the most decisive defences; but the
evidence adduced to support the alibi
requires to be minutely considered The
difference in time pieces. and the transit
from one place to the other, and dis
tance apart, and whsther the alleged
transit was on foot must be considered
You should consider
1. The time when the homicide was
committed.
p The time of the alleged alibi. Was
the alibi proven by credible witnesses,
speaking the truth? Are witnesses who
testify as to seeing the defendants at the
places named thoroughly truthful and
certain as to the time, or may they be
mistaken as 10 the time aud are the
witnesses to the homicide certain as to
the idenity Of the parties? Aa aIibi Is
a defen Sc like any other defense, but it is
often abused. 1t may be founded in
falsehood, and when it is it should fail.
1t may be founded in truth, when it is,
it becomes as strong negative evidence as
can be offered. and when well established
should prevail and acquit.
The weight 10 be given an alibi.
repeat, is solely a question for the jury,
who should examine all the evidence
bearing upon il with caution, and then
on the evidence Of the alibi and the eyi-
denee Of the whole case. giving the priso-
ners the benefit Of the doubt, if any ex-
ists, determine the guilt or innocence OF
the accused.
An eminent physician and surgeon
testified as 70 the health and physical
condition of David Nicely from the time
he was impris lned until now, and says
that as a physician, he is able to say that
the afiliciion is one that must have exis
ted before the time Of the ofFense. lie
tells you the effect it has upon him and
upon his powers Of work and endurance
and the effect fast walking or running
might have The jury are to look at the
evidence of the doctor rs that Of an *
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