New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-21

done - without receiving upon her p-i>Jn ant
clothing considerable amount Of blood stain: that
when lLidcct sullivan Ia her upon call. and
/ not long after some a the othcr women. she had
n blood stains Tpon her person 81 co'Aing that she
had had sufficient opportunity either to remove
TIE stain from hor person OK clothing or to change
her clothing If these supposed fact. should be oInd
| by you to be real facts. YOU could not lay upon
! tho evidence that dciorGants guilt Wa. I" moral
| certainty proved. that yoH &c TIA; In oeu.
mating re fierce o. Different facts portions OF The
eviG.Cc IL s. rot enough 10 consider item - stand
H. arari. for the force which they appear TO have
wien looked 81 by Themselves M, BE- controlled b.
some other Sir gle fact.
To warrant a conviction on cirCnn.~iantlal cvi-
dence t. j. necessary Ter thu Governn ent to show
thai by No p's-.biht, was II In the power Of any
other person than The defendant 10 commit The
crimes but the evidence must hc .uch 10 produce
convection Amounting 10 reasonable and moral
certainty that the defendant and 10 one else did
commit them. The Government claim, tia, YOU
>hOud be- satisfied upon til. evidence that defendant
was situated that she had an opportunity to per
pclraje both the crime, charged Upon her. Whether
This claim I, sustained j. for your judgment. l'y
itself alone the fact. II shown. shat ia" defendant
had the opportunity to commit the crimes would MT
justify conviction: but this tact. If established. be-
comes Il matter for your consideration In connection
with the other evidence When Mrs. Eorden
iiilcd Al what time Mr.. Borden hilled DID
The -ame peI>on kill both Of them Was defendant
in the house when Mrs. Borden va, kill'i' Was
She in the house when Nj. Borden wa>
killed In this connection yen will carefully
consider any statements and explanations Of
defendant put In evidence by the Government
ana shown have been made by defendant II the
time afjcrwarJ &" whcr. She when either
them killed. and all other cvdcnc" tending
to sustain or d>prove he truth and Accuracy Of
inc~c statements. Ed other persons. Known or m
ff,..1 Ma. ala,
opportunity to commit these Grim ',i l. there rca
TO believe that such person had any motive
10 commit them Is there anything in th" way
and manner Of doing the acts Of killing ih' weapon
used. wlalcv'r il Wa. or The force apnrl; WIN
oi the acts, For Instance the medical experts have
testified - 10 the way in which they thnh lh" oi .
wer, inflicted on MI. Borden. and ~ To what They
think the position Of the a~>ailani Are fh'''
views correct? II So are they favorable to hr con
WAS the as-allant |, II reasonable ANA orcdi'ab"
bat she coma have kll'd MI. Borden a' or ab9n'
the time claimed by the Government. ana then with
The purpose in her mind to XII her father al later
honr have gone about her hpn'r"'d "iIar, Win u"
change Of manner 10 cNclt" attention
RIGHT TO REASON FROM HUMAN NATURE.
IS Won have the right TO reason from what Won
know Of the law and properties Of matter. 80 yon
have right 10 reason and Judge from what won
know Of the law and properties Of human nl'ur" |
and action. and II Il T. suggested that M" killing 81
Mr.. Borden W., np' part Of tho original plan. that
II was an Incident arising aiterward II Will hc for
you to con ,Gcr under all Circumstance" and
all tie evidence whether thai suggestion seems 10 |
you 10 be- reasonable and Toll founded
several witnesses called hy tie Government hay" |
testified 10 statements said TO have been mad" hl
defendant in reply 10 questions asked. h"I"'" 80 .
ofcI instance go 10 whore .hc when her father
Wa Killed and considerable importance i attached
lv tie Government to III" laucuas" which II claims
,,,s u.d hv her .. showing that she profc..cd not
only ,o have been In tn. barn hni ur,talr, I'm thr
barn. and liz. Government further claim- n f. not
worthy Of belief that she VIZ in thr upper part Of
The barn. a ~h" say h"cau-" 81 III" rN'r'm" h'"'
here aud h"cu~" "l" - ih" onc'r, t',ih'- MAT "n
stair, or flooring No" WhHi -ti''h,hl "N W. r"'
jet lie defendant DID mrk" ard ia'r 'rnlhc'n''
md effect l. WHOLLY for you - d"'d" upon 10" "'i
lcucr. and there ! no rl" ~ hN =" control t"nr
ind ,mont In weighing that evidence.
.,,,. ),. ,,.t. o>. run. ppo.t,t.ftnx
III "p''' W i"' Wv
The Government charge, the defendant with The
-, , AZ ,d NJ ,.r,cn T,, defendant
''"' - '' .. ,.... !
the burden Of proving i"yoni REASONABLE, doubt
,.r. ,,,. ,.ce..,r, ~ establish guilt The d..
.t, r, t. ,
'cidant J, bound ]" prove h"'l"-' ''' ''" I'
-umc- Ia" i, innocent. The case l. aid 4" h'
,, ,.r,,,,- If ISL, t. t.feoltri cannot d.. r.qu,--i
w ,.. ,.,,. Ga.
10 clear up 10" NY '''N' i"''' y 40 WY ''', 49,,
natter can b. transferred 70 her, re Government
.,'s,,.. 49,, mn, roc, an ,e ip.in,,.u.,
''''' .n,
r. She nav also offer evidence partially
. meet or r"'"t IT, "r r'''' r''F''''' "''' ~
" any part OF III" GOVERNMENT 'l'' '"n ''' "''
. deal WIN TN 'N"'h'' III " ''''""' 'P''' "'.
. CHOW u I" pI'"'"'' OH S"'' "'''"- '' '''''' '
r'p'r "h'''. II 'h" evidence IAN mon % P'"'" '"
"oh ''''i'''h III s"'' "''''' '''''-' - |
,''i"''h %, gum 81 '''" '"''- -, ,
l"'' I" ""''' " Yum P'"'" ""' ~ - 80" &c.,, |
NV H"lF. u "' "-''H pro- m
''h""h' j. '"H''" TO N''"'' ~ d" - !
o" come Mph''- h' HI'"" '"''E'' '"' w" '' t D
~" e'IlN ll"' NH' "'n' '"' ''''- "''''' ~ Do
iatier OF evidence. sh'iId I' rec h"i'' 'E'"'' "'
And now taxi" thi- question 81 Ter relations y" me ,
~, .,cr, r,rtI'n Of If and do Won recall any Dor
ion d will j." for Won 10 d"t"rmn" whether Won d"
r h"',. d" Won i''AI any I'r''"l' ., wi, '',, '
ctrc,r ~ ."r,' si.c found any f,ul with The =
fcer, for asking her questions, for making 4
'arch"NF something wa ,hh III r'tafu !" IN" cyl +
cree "Hnln~ 10 '."" '"' u,l''''"''' q" n 4, 80