New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-06-24


the evidence OF the little girl had been allowed 10 90
mo consderatiSn While it Vas true that the little
witness only twelve years old, the jury had mad
and capabIiity Of the chid TO give a, truthful and
accurate account Of the things she said she saw ana
that the testimony Of r OF her years sn 0S h oa
swayed by motive o: offers; The explanation OF the
value ana 9 % sS moments He
said the basis Of the hypothetical question was DULL Dull,
was true The value OF an expert opinion on such
question depended entirely upon whether or not az
OF the d sG by eydence As 70 expert ev
dencc itself It should be received with caution pu
It should be accorded as much weight as TO other
classes OF evidence
THE USE OF CIRCUMsTANTIAL EVIDENCE.
For more than half an hour the Judge commented
on the necessity of relying upon circumstantial evi-
dence as competent form Of proof II no tacts,
he said could be brought before jury except those
actually seen by yewltnesses few criminals wo ,
ever be brought to justice. The object OF Grim
nal was usually prepare for the coinnlI.d, oa a
crime and to escape consequences AL eNluenc,
flowed from persons and things and circumstantiai
evidence deducted from persons ana tnhss ,,sn =
noi seen by anybody Circumstantial evidence. he
declared aggregation Of minor facts sur
Alter abiding to the medical evidence and IN, In.
srucng the jury that their Judgment ro mis- az 70 es sn
mony he went on: IF you find that this DEFEND I,
ant procured either arsenic or antlIions pacu =,
in the clam ch0wder and wfnly ana M hnH Ss sc
sent IT the deceased woman she must pe neu a.
counable for the effect OF tnat arI'c hoxaes bv the
defendant, with the intent that her rnother snUei
parake Of H. and therefore have her IRE
t is lawful that you should hold her responding fSt
the life that was destroyed by me poison snd
srSat care in the adducng Of testimony has been
observed by both the prosecution and the deenc e.
had 70 proceed in It's testimony portion by portion.
and piece by piece and II Is Tor you 10 say hasn 40
| connected in one general and central fact as to
convince you beyond reasonable doubt
PRAISE FOR THE JURYMEN.
In tributes Of lavish praise the Recorder referred
10 the high intelligence Of the jury. and 10 tne az
,onton ard fidelity with which they had followed
| the evidence For this reason he said u was IN w
necessary for HIM to repeat and capitula'e d.. t
facts that had been presented TO them b al ny
its case by attributinG to the defendant motive
means and an opportunity 70 caT Sy yHat the Recorder
tarred for some time. and explained IN every ut
in order to convict a person of murder that mo-
tive should be introduced Murder might be com m
as the pr,secuton had introduced a motive, II was
imperative that II should become an element III the
Rsv!ewing the case FOR the prosecution, the
Judge charged that the representatives OF the state
scnnndIv that she had the means OF carrying out
the objec; Of that motive; and thirdly tnat she
length Recorder datd upon the sydense , 6ear
Ing upon these R.n, ana nn by IN r 5Hss
hodv' rhe d@fence he remarked had brought ey!,
in the bismuth powders prescribed by DR.; Bullman
But there was nothing 70 show that Mr4. bIlss
stated bv At ieas: one witness that there had been
an attempt to administer one OF thest p,NI -
the deceased woman but that she cenched her
teeth ana IT found impossible TO give ncr any
o, the sub-ni,rate OF bsmuth Moreover the prose.
eqGn h9 sa rnoT IN Wr- Mss stomach to
~5S,iel e5r in the bismuth powders would have
nearly seven pounds q ne PG%ders s, I4 nos
has been zen SHOW ng that these powders con
tain"d anthony. and yet the ev.iehce o. we
prosecution shows that anthony was ,ound in ne
BODY I. there be no evidence pointing To the
presence OF antmony In the 9ismutn. ~ - ior you
10 say how the anthony got into the Dody.
pEor.Esrs TO CHARGE FOR THE DEFENCE.
Taking up a Pile OF typewriter sheets that were
living AZ his elbow. the Recorder ntmated that 1t
contained seyentyslx requests charge from coun-
se for the defence. The Recorder had divided them
;ha, he would not charge and those tina, ne cyn-
sl-red that he had already charged The first ,oii-
he jury For the most part the requests from tine
defence which the Judge read were to TIE erect
that the prosecution had not proved that Mrr Bliss
lied from other than natural causes; that oefo.
returning verdict the Jury must be sailsasd OF the
that the defendant not having taken the stand n
her own behalf should convey no impression 70 NE
Tho needles OF distinction between cIrcum-
IN ,orchlo tones by The Recorder. ana further
70 emphasize his description OF the respective value
OF IN. two classes Of evidence the Recorder quoted
the opinions OF eminen, Jur.sts upon the proper
weight that should be accorded TO clrcumstan;ia ev!-
dence The usual admon!ton 10 put away from
heir minds personal feelings Impressions and op!n-
ions ~as given TO the jury Then the Recorder con-
Guided. observations hay. been made ny counsel
for the prosecution and defence to which desire
To call your attention The point Of which nave
- speak is the true law % he case. The law does
= not seek thp NE OF The person al this bar The
law simply seeks and demands justice II this de-
feniant has committed an act for which the law
declares her life forfeit It il her own that for
fets that lfe, ID Is her own act that invokes the
penalty. lt her own act that warrants the YER
de- which causes the innlcilon OF the punishment
! l..-..- 49, D lla IL : -..llr tr