The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-10-31
NOT STRONG EVIDENCE.
The Circumstantial Variety
in DisfaVor.
so REGARDED In THIS CITY.
Cases Where InnOeencs Has Paid the Penalty
for Crime-Talk With Criminal
Lawyer.


from such evidence alone.
In this city, however, it is gradually being
regarded as unreliable proof of the crime
charged. Because of this feeling the neck
of Sidney Bell, the murderer of jacobson.
was probably saved. Some of the evidence
in the case of McNulty was also circum-
stautial. and he was convicted on strong
corroboratiye proof, yet he has never paid
the prescribed penalty, and probably never
will
Whenever a man Is convicted and ex-
eeuted upon this kind Of evidence alone a
grim sort of uncertainty seems to perVade
the community as to whether ii might have
been barely possible that the party was in-
nocent
No matter how conclusive the testimony
nor how compromising the circumstances
that human instinct of fear lest the lnno-
cent should have suffered seems 10 arise
IN every breast. and no doubt often affects,
in 3 similar manner lawyers Tlgldly trained
IN their profession.
Men have been tried. convicted, sentenced
and executed for murder IN many cases on
evidence based on circumstances, and 1t has
tTaDspiTed that the party for whose murder
the conviction was had has suddenly turned
up alive.
Such instances were SO numerous in Eng
land al one time that it gave rise TO the rule
known as corpus dellcti-that is, the pro-
dncton Of proofs essential TO the establish
ment of a crime, which would be, Of course,
The subject of tie crime itseli-as the body
Of the person murdered. AS the law stands
now no enc can be convicted Of such high
offense unless the body Of the party alleged
TO have been murdered can be and is pro-
dUeed.
In talking with a young lawyer who has
had much experience in this direction, and
who was engaged in the SkeTrett trial. rem
derIng assistance In the conviction OF
Wright Leroy for the terrible murder of
that old man, some points were CLEANED In
relation TO the matter
De expressed the belief that this case was
one OF the best on record where conviction
was had On ciTcumstantial evidence. lie
remarked that there was vast difference
between direct evidence as popularity under
stood and direct evidence as viewed by
thorough lawyer Il is popular to speak Of
direct evidence Of this or that fact 10 con-
tTadstinctiOn 10 clTcumstsntal evidence,
and laymen stand in terror of convictions IN
capital cases which are procured through
the medium OF the latter; but, strictly
speaking. there cannot be direct evidence Of
any fact except through the agency OF ones
own peTceptiye faculties and III order that
this may be used ii must be found In the
jury box itself and not upon the witness
stand.
The very fact necessary to enable direct
evidence 10 be used in a trial would dis
qualify the party giving tito act as juror
that il, the evidence Of his OWN senses; TO
have another detail criminal act, as OBJ
served by him, the juror must take the
testimony secondhand; an inference must
be drawn that the party speaks the truth
first, and, second. that bis own deductions
are accurate.
For instance, a man observes another
point gun al third: he sees fash and
hears a report. and simultaneously observes
the one toward whom the gun was pointed
fall. lie informs upon the shooter and
Gwears that be saw him XIII and murder the
other. Strictly this IS not direct, but cir
cumstantial evidence IN a high degree. The
party who saw the fash, heard the report
and saw the fail could not observe the bull
let enter the body nor strike vital part.
lie saw nothing dangerous 10 human life,
but his empirical wisdom steps in and be
infers from the fash the report and the
fall Of the murdered man that tie bullet
entered his body al the viii Of the shooter
This was the strong argument CT the
lawyer in favor Of clTcumstantIal evidence
and was founded upon what be knew Of the
principles Of acknow lodged law.
Are not your law books full of cases
where convictions were had upon circum-
stantial evidence and after the execution OF
the sentence it has turned out that the
party executed was innOeent?" was
Yes: that is fact, but it does not effect
the principles which / have Just laid down.
II has served to make tie Investigations
more searching and rigid, however, ana more
scientific where the proposition is in
VOWED"
The attorney then cited q number of
cases where convictions were had, many Of
which had since developed the fact that in
nocence had paid the penalty for crime.
The most celebrated case referred to was
one which had a worldwide celebrity and
is well known to old-timers II was that of
Dr. John w. Webster, hanged for the
murder Of DR.. George PaTkman, which
was committed on the 23d Of No
Yember~ 1850, in Boston, at the Massa-
chusetts Medical College, Webster was a
master Of arts and doctor of medicine of the
Harvard University, member Of The Mas
sachusetts Medical Society, of the Amer
lean Academy Of Arts and Sciences, of the
London Geological Society and of the ST.
Petersburg meteorological Society, and was
evening professor OF chemistry and miner
alogv in Harvard University.
Parkman was master OF arts at Harvard.
doctor Of medicine Of the University of
Aberdeen aud a member of the MasSachu-
sets Medical Society," PaTkman held the
notes Of Webster for about $500, and these
he eBdeavOTed TO collect without much sue
cess. Parkman was suddenly missed aid
his whereabouts could not be asceTtaiBed.
Finally clews were secured which threw the
suspicion Of murder upon DR.. Webster. who
was arrested, and long trial ensued which
revealed a most horrifyn state OF facts.
The prisoner pleadedBot guilty, but after
conviction confessed his crime. 1t was
shown that he had slain Parkman In the
laboratory Of the college. and becoming
alarmed at his crime, took the body, and
cutting it up into small pieces, burned them
IN the fire Of the CRATE.
The bones found were the evidence
against the prisoner. The murdered man
had peculiarly shaped jawbone which was
identified by physician. The dentist who
had mazda HIa fafsE tpeth nrnduaaH tina
plaster cast Of the mouth of the deceased
and into this the teeth found fitted exactly.
The dentist also testified TO the filling of
the teeth, which was found to be correct.
The subsequent confession OF the prisoner
admitted all that was proved, but the facts
showed that it was clear case Of self-de-
Tense; that PaTkman had entered the rooms
of DR.. Webster and threatened and abused
him violently, and finally attacked him.
The latter took up a piece OF wood and
struck his assailant on the head and killed
him. This was so clearly a case of self
defense that Rufus CEOate refused to have
anything 10 do with It unless he was per-
mitted 10 pursue that line Of defense.
a case IN which an innocent party would
doubtless have gone to the gsl!Ows, had the
wounded man died, happened some years
ago in Napa County. A farmer who lived
near CaTneros Greek Ia that county was
building barn. The structure was nearly
completed. when a serious accident occurred
while the farmer was working under the
caves of tie building. assisted by his CHI
nese cook.
Ratchet which had been carelessly left
On the roof, was started By gust of wind
and. sliding down, fell upon the back Of the
neck Of the farmer. IL inflicted q terrible
wound and rendered him insensibIe There
was no one, aside from the Chinaman, on
the ranch at the time.
Two gentlemen rode BY in buggy at this
1uneture. They saw the Chinaman gesticu-
latlng and they went to the scene. One of
the gentlemen took tile cook prisoner and
hurried TO Napa City for doctor. The
other remained with the injured man.
The ChlnamaD was held IN Jail pending
the result of the injuries TO the farmer.
III I'm d. 4