Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-05-09
ONLY ONE COMPANY.


That there was no motive anno,rs
from The further fact that am tho
soldiers who had any difficulty or
trouble OF any kind while iu Browns
vic belonged 90 q Company.
NO one connected with either a,
'he other companies had the SLIGHT
'el trouble OF amy nature
lae testimony. ms I shall point out
i''oF' shows CouClusively that G. Com
pahE could not. I'm an probability.
nave participated in the shooting
~ rs not likely that men from r.
ana d. companies would have shot
up the town for the purpose OF ~
''"einS the wrongs of members of
'ue ojhcr company. certainly NOT
without members of G Comranv
lhose who were injured. or so-,obo5,.
in their joining in mo raii
III Us from considerations ana con-
'iusohs OF the character named ana
suggested that DC is imnossill, f,r
nae 10 ind sufficient testimony in no
record 10 warrant the nndinr fbot
some OF me men of the battalion did
tho shooting" "'1
Ana this is true. CONSIDERING o,1,,
lhat which may bo called tcstimon,
against Che soldiers.
TESTIMONY FOR THE SOLDIERS
Coming now TO the testimony I'm
l"elr FAVOR. we havc in the first nIaco
presumption OF innocence. This
iS not merely sentiment. no Is nm oio-
lu,", OF every case that possesses
substance, and should have effect
IN lhe case OF Coffin rs. The United
states 100 T. :. "a. 454). Mr.. JUS
l.ve W hl.e' speaking FOR the court
,VCu aulhorlties tracing a recogni-
ION oI thls presumption from Den
'tIonomy 10 the latest law writer ON
,uc subject Tie cited with approval
tne following language emplovcd Inv
Lord Gillies I'm McKinlev's coso A..
cided in 1917:
II conceive that this prosumntio,
is TO Dee found I'm every code of law
which has reason and RELIGION oDo
humanity for a foundation. In is "a
maxim which ought to be inscribed ip
lndehble characters i'm the heart OF
every juryman; TO over
turn this there must be LEGAL evil
dence OF guilt carrying nome n de-
gree of conviction short only of alb
solute certainty"
He further quotes with approval
from Wills on Circumstantial Evi-
dence, as follows:
In the investigation and estimate
OF criminatory evidence there is an
anticipated prima facie presumption
IN IaVor OF the innocence of the marty
accused grounded in reason and ms
'lce not less than I'm humanity and
recognized In the judicial practice of
an CIVILIZED nations: which presump-
tlon must prevail until il be DESTROY
ca oy such an overpOwering amount
or legal evidence of guilt as is cal
lief"
other authorities might be cited
or the same general character with
out limit
CHARACTER OF THE MEN.
IN addition TO this presumption
there is in favor Of the soldiers their
character both as men and soldiers.
Not one Of these three companies
mad stain on its record. They
were orderly, we'll behaved, well dis
.ciplined, and well drilled. They
had never given their officers anv
trouble.
Such is the testimony Of every Of
fcer, both of that regiment and OF
every other, VINO testified on the
stand and who had knowledge of
their character as soldiers and as
men.
Major Penrose testified that they
behaved themselves well before their
discharge without honor and since
then.
General Darlington testified that
although the Government had every
man under surveillance up to the
time he testified, from the time OF
their discharge not one has been
found guilty of any bad conduct. al
though turned out of the Army in
disgrace.
GEN. BURT'S RINGING COMMEN-
DATION.
Gen Andrew s. Burt, who com
handed the regiment for ten years.
testified that they were all worthy