The Farmville herald. [volume] (Farmville, Va.) 1890-1934, 1905-01-20
cIRcUMsrANrIAL EVIDENCE.


This has been prolific subject Of dis
cussiou OF late and We believe that il
has been shrouded in unnecessary
mystery.
There is no more mystery about a
circumstance than there is about the
testimony of an individual \ sensi-
BILE, reasonable man or woman will no
more believe lying witness than a
non-pertineut circumstance.
The reading public has recently been
startled 10y the dying confessions Of a
young woman who had sworn a wor-
thy and innocent young man into the
penitentiary, thereby wrecking his fair
name and fortune. The Governor on
being advised of the shocking wrong
which had been done an innocent
man, promptly pardoned him, but he
did not 10y that act Of simple justice
wipe out the atrocious injury which
had been done. No circumstances nor
combination of circumstances wrought
this brother mans ruin, but a lying
tongue moved by heart of malice.
The fact is circumstance has even
more weight, certainly as much, as a
word spoken. The horse makes one
track the old hare another, and both |
are circumstances, and TO doubt the
difference between them as seen im-
printed ON the snow or sand is TO stul-
tifyOnes self. some some one should /
testify that man was seen going to-
wards a certain point, along certain
path ON certain night and 10 get
there he must necessarily have made
tracks on the untrOdden snow and
thereno such tracks were found, the cir
cumstance would out weigh human
testimony.
When the unfortunate man, McCue,
first gave TO the public his YER
sion of his wife's brutal murder, by
common consent if was agreed that
the circumstance attending the revolt
ing killing utterly repudiated the
statements of the husband, and long 4
before jury of hi, peers brought in
the verdict of guilty, the people at
large had united i'm saying, thou art
the man. I'm this case circumstances
gave the lie to the positive testimony
Of a living witness, and that a man Of
high standing in his COM s
munity and one whom his fellow citi- ;
1ens had delighted to honor. ;
After all the test of convincing testi- q
mony is found i'm this question, is the :
living witness or the pertinent crcum- j.
stances to be believed? If the witness {
Is worthy OF credit, believe and act ac- ;
,ordingly. And 50 with the circum- {
stance. &
As long rs men are fallible so long J
will men make mistake, but it is COM a
orting TO know that few innocent per 81
Ons suffer at the hands Of the juries. Ii
n this connection we are reminded
hat on being requested byan attorney n
or the prisoner to instruct the jury T
hat it is better that 80 guilty men q
hould escape than that one innocent Il
hOuld suffer, a South Carolina Judge d.
said, "les / will give that st
and then added, "butthe f
have already escaped" GO
We shudder at the thought of an in G
ocent human being who is made to W
liler punishment at the hands Of fel- fir
memorials, but we are convinced that to
ne lying tongue has done more in ac-
the deplorable results lii
nan has misleading circumstance. -
The safe course is to be as careful in il
ealing with what we hear or what we
,e, not only as sworn jurors, but as
nsWOn neighbOrs and friends.