The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-07-09

enable hypothesis 1t is not sufficient
that the conclusions found coincide
with, account for, and therefore render
it probable that the defendant commit
ted the crime charged, but they must
be a moral certainty, exclude every
other reasonable conclusion but the
single one of guilt If, from the cir
cumstances, it is impossible to present
a reasonable theory as to each and
the crime, and to prove the defendants
guilt then such circumstances are not
sufficient to justify a verdict of guilty
In the case of the People VS.. Aiken,
18th A. NJ state rept., page 512, the su-
preme court of Michigan says: The
verdict of guilty in a criminal case, rest
ing upon circumstantial evidence, is
built upon a series of factS connected
logically together, and one succeeding
another in a certain order; one fact
resting or depending upon another as
the result of the preceding. These ma
teriaI and essential facts necessary to
convict, following one another and
each adding strength and conviction to
the other, and the whole, and which,
as a whole, complete a perfect and 1r-
resistible chain, must each and every
one be established and proved. And
who can say that this chain so formed
is a perfect and complete chain to a
moral certainty, or beyond reaSona-
BILE doubt. if there be a want of such
moral certainty, or a reasonable doubt
as to the existence of one of these links.
without which the chain is broken and
incomplete? Each necessary link, each
and every material fact upon which
conviction depends must be proven pe-
yond a reasonable doubt
In State VS.. Hunter, 50th KanS.,
D. 3O2, it is said: Conviction may rest
upon circumstantial evidence alone. but
the facts and circumstances must be
such as are absolutely Incompatible up
on any reasonable hypothesis with the
innocence of the accused, and lncapa-
BILE of explana tion upon any reasonable
hypothesis, other than that of the guilt
of the accused
and State VS.. Fry. 40 Kans. p. 321, it is
said: A few facts, or a multitude of
facts proven, all consistent with the
supposition of guilt, are not enough to
warrant a verdict of guilty; but in or
der to convict on circumstantial evil
dence, it is held necessary, not only
that the circumstances all concur to
show that the prisoner committed the
crime, but that they are all inconsist-
ent with any other rational conclusion
The evidence in the Sell case does
not in our judgment, meet this require
ment and fails to meet the requirement
of the law concerning circumstantial
evidence, when fully and properly ap-
piled. The circumstances as shown by
the evidence are inconsistent with any
rational theory that Willie committed
the murder, and the evidence, totally
insufficient to justify such a conclu-
sion.
The prosecution argued: That the
boys lack of manifestation of feeling,
and demonstration of grief,and the fact
that he was the sole survivor of the
family, sufficient evidence to war
rant verdict of guilty
Even the blood on his clothing and
person was pointed out by the crowd of
excited persons, as conclusive proof of
his guilt 1t was hardly possible that
the boy could have escaped having
blood on him no matter who committed
the murder, the house and beds were all
drenched with it, and it was possibly
nothing but the natural result of the
surroundings on the night of the murder.
In
warped condition of their minds, con-
strued against him.
There was intense excitement in the
community The danger lay in the un-
natural and lawless condition of affairs
incident to the circulation and publica-
ton, as true, at and about the place
where the trial was to be had. of a
series of falsehOOds of the most dam
gerOus character. The story that Will
lie had made a confession reached eve
ry ear within few hours, and was told
and retOld for the truth. The eager
public caught up every idle rumor and
settled it into a positive statement. The
public press was filled with the ac-
counts of Willie's alleged confession
Public indignation became intense. 1t
was not the known facts that had
wrought this condition, but the circu-
lation of an alleged confession we'll
calculated to excite public indignation,
and yet absolutely false.
These suggest to your excelIency
something of the surroundings in which
| this case was tried, and in our judg-
ment under such conditions a just and
proper administration of the law could
not have been had.
The average mind in a condition of
| excitement cannot weigh testimony
| it does not want to. Public sentiment
| demanded a conviction and one result
| ed. We have followed up carefully the
| various reports concerning alleged
confessions made by Willie, and we
are constrained to believe that con-
fession was never made. Mr.. CogS-
| well and Mr. Hall. the attorneys to
| whom it was alleged a confession was
made, both say no confession was made.
| Mr.. Woods, in his affidavit filed in the
| case, negatives the idea of any such
confession at the time the affidavit was
| made which was some time after the
| trial.
| Willie Sell. before and since his in
| generation in the penitentiary, and at
| all times and places, has always stout
| ly and with an appearance of candor
| and truth, and with great firmneSS
| maintained his entire innocence of the
| crime charged against him, both pub
| 1icly and to his attorneys in private.
&C. A. Cox, who was county attorney
| and prosecuted Willie Sell at the time
| of the trial, now believes that he is in
| nocent
| Grave doubts of his guilt have al
| ways existed in the minds of a great
! many people in NeOSho county, who are
| acquainted with the circumstances of
| his conviction, and time, with other de-
| velopments, has increased that feeling
| of uncertainty.
| NIL D. M6I0elA, WIZ was lile uISl
| person at the Sell place after the mur-
| der, Mrs. A. E. Mendell and Eva Men
| dell, all of whom were prosecuting wit
nesses in the case, have grave doubts
| as to his guilt.
| Prison officers. who are in a. position
| to study the habits, characteristics and
| nature of convicts, and who have
| watched Willie closely, and watched
| him under all conditions, believe that
| he is innocent.
| Evidence has been introduced before
| this board that points to parties other
| than Willie Sell as the possible and
| probable perpetrators of the crime; but
| it is not the province or duty of this
| board to try suspected parties.
| THE testimony of all prove conclus-
| lively that from Willie's infancy up to