The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-23

go beyond the evidence to hunt up
doubts. nor must they entertain such
doubts as are merely chimerical or con-
5ectural. doubt to justify an ac-
quittal must be reasonable doubt. and
n must arise from "A candid and i'm
partial investigation OF all the evi.
denCe in the case; and unless II Is
such that the same kind of doubt re-
posed in the graver transactions of life
would cause reasonable and prudent
man to hesitate and pause. IL is not
sufficient to authorize verdict of not
guilty.
Accused Gets Every Right.
But. limited only by this definition
The jury will be forced to give to tho
Hccused every benefit as matter OF
right. and the Commonwealth will
have none except that which IL deiinitelS
Rnd pointcdly gains Even should the
jury. by processes OF mind which can
not be controlled by legislation. reach
q conclusion of guilt that would he
satisfactory in an ordinary affair of
life, and yet the evidence to sustain
this conclusion be not convincingly
produced IL must yet acquit since a
verdict "T not guilt, means no moro
thnn thnt the guilt of the accused has
not been established in the precise,
specific and narrow form prescribed by
law.
The utmost caution and vigilance
are required by the law in the appli-
cation of circumstantiai evidence to
The determination of n capital case.
The jury may believe from such evil
dence that there is strong probability
of guilt. yet. If upon the whole evil
dence. there is any other reasonable
hypothesis consistent with Innocence.
they must acquit, though it may mp
pear from the evidence that the prob
abilities of guilt nrc greater thun the
probabilities of Innocence. Says the
court: "SuCh evidence is always INSULT
cient when, assuming ali to be true,
which the evidence tends TO prove
some other reasonable hypothesis may
still be true for it is the actual exclu-
sion OF every other reasonable hypoth-
ess which invests mere circumstances
with truth Where the evidence leaves
81 Indifferent as TO which of several
hypothesis IS true or establishes only
come finite probability of one hypoth-
esis. such cannot amount to proof,
however great the probability may
he"
If Not Henry, Whof
But II Henry Beattie did not kill
his Wife who did? Is his story of
bearded and uncouth highwayma II
worthy OF belief? Has any circum-
glance yet pointed really to any other
criminal? Again the law speaks The
failure of the evidence to disclose any
other criminal agent than the accused
is not a circumstance which may be
considered by the jury in determining
whether or not he was guilty of the
crime wherewith he Is charged The
prisoner Is presumed to be innocent
until his guilt is established. and he
II not to he prcjudiccd by the inability
Of the Commonwealth to point to my
other criminal agent, nor is he chilled
upon 10 yindicate HIS own Innocence
by naming the guilty pcrson."
Should Beulah Binford turn on the
Commonwealth at the last moment, as
many believe. the court will exclude
from the evidence any statement that
she may have previously made, how
ever dana ging. The law requires an
alleged felon to be present In person
throughout his own trial, and specif-
caily provides that no statement made
by any witness or other person else
where than in the court and In the
presence OF the accused can constitute
evidence against him, Hence should
Beulah, elect to cast her lot with the
prisoner and deny everything and even
repudiate her recent vtterances, all
this evidence. having an important
bearing on the case. will be chok cd
off. The only manner In which IL can
=, 80 - 'H'" Cou't VIII pe LOT
the sole purpose OF assailing the credl.
hility Of the witness and showing that
She Is unworthy OF belief in nny par
ticular. The whole story will then
get before the Jury, but the court will
instruct that II be considered only for
the purpose stated and he allowed in
no other way TO influence the verdict.
1t has been assumed, however, that
tho evidence even PRODUCED IN this
roundabout and indirect manner will.
nevertheless, carry great weight and
Wis is DOUBTLESS true OF many juries