The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1912-10-25

ihos0 '"'ee "io saiu 10 be tho w
refinement OF reason. They IEep
insure n certain order and at ieas
uniformity OF result not otborv eTai,
tainable. They are rigid. a"'se T.
determined and binding allko a'et
courts Of justice. II is ccr,at.0a an
now and then tho observance -" that
permits n guilty man to esc,n, Nee
ishment. But, In the mean ,,,a' Pun
are tho safeguards OF persons They
ly accused and preserve the suIE't
from passion. prejudice OF a n",s
preconception OF guilt. 'uOAe
I'm the case before you. ev,s.
has established the violent d%a""lcs
q citizen. and the circums,anc". q
tendant on II: in fact. the nernH
ton Of the highest crime undo.pens
Of treason. II. In addition ,h. nt
proper evidence should be pra.a"
tending to connect the prisoner ~ss
that killing. you would have tho ~, "a
under the law. to say whether hsa'
guilty or not guilty OF the crime
assistant district attorney offered
statement OF the deceased nsn,I
the Marquis Mazaccra. Tie idon"4
OF that person with the accused !,
admitted. This Ia the only ,es,im..'
offered on that point. II II Is az
sible and proper. the gull or ir,'
cence OF the accused will rcmg'r nj,
you to be determined. II not, ~
comes my duty to take tho case ~.
Of your hands and direct an acqui,,,I
"As a general rule OF law o..
speaking against an accused nr'. |
first be sworn, and an oppor,r,I,. |
given for his cross-examinatIon befo,, |
his statement can be heard as sr
dence; but there Is an exception mad.
in that certain class OF evidence con.
monty named dying declarations. ma,
Is, statements germane to the issr.
made by one about to die. Here N,
law assumes that a man III the imnA
date presence OF death will not, proh.
ably lie. and his statement Is adnis.
sible as evidence. with the usual M.
sumption OF truth In it's favor. BIZ,
Il must afirmatively and conclasiysv
appear that the deceased. al the Tina
OF making such a declaration, believed
himself about to die. had. in tact.
abandoned all hope Of life. II he On.
tertained any hope OF recovery, or any
doubt Of death. his statement is not
admissible as evidence. Il Is no, ma.
terial that he did in fact die. even
with the words Of the declaration On
his lips. IL he did not believe death
impending.
This Is the rule. Let us now apnly
it to the declaration OF Tolman Per
kins: 1t was that Italian, the Marquis
Mabaccra. who did IL. When &c,
well | will kill him. Did the dccedel,
believe that he was about TO die when
he made this statement? Had he abaR
doned hope OF life? Clearly not. His
statement itself will establish The con.
trary beyond n doubt. When | s,
we'll l will kill him Here is more
than n hope of life. Here is e lhrta,
Of retribution. based on "A conviction
OF recovery. This statement Of he
decedent Is. therefore. not an admis
sible dying declaration. II cannot be
introduced as evidence. II Is a worth
less recital. before the law.
Nov, gentlemen of the jury, there
10 M AgtlannA -xhnt.t.nr nsl.r flrn
this inadmissible statement. tending
to connect the accused with this horl'
eide. ] shall. therefore. sustain he
motion made by counsel for the &C
cused. You are directed to find a yer
dict OF not guilty And the Marquis
Mazaccra. alias. Ricardo Robini, is Dis
charged"
The following morning the district
attorney OF New York had his triumph
His statement to the electorate OF the
city marked the greatness OF the man.
Il was dignifed. concise and without
e~xultation. Being aware that Inc
statement OF Tolman Perkins was n@
admissible as evidence. and that the
Italian would be acquitted If seileo
and tried. his plan was to set the 20
lice machinery at work on the case 10
the hope OF finding some evidence
connecting the accused with 'h" crime
Finally. when the great wave OF puo''
opinion descended on him, he dc'''
mined to yield to its wishes and there
by give the people an object lesson ap
example OF the danger OF public cIain'
or when directed against the admin,
~istration Of the law. He looked upoH
the result as n thing not TO De w
plored. rather as a public good ''"u
Ing to strengthen the confidence :"
the people in the integrity Of as PuO
lie servants.
IL was now clear to me why haH
dolph Mason had tried to goad the us
trict attorney into n trial. There was
danger In delay, something mirh' "
discovered: but a trial upon the e.
dence in the possession OF the peop.
must result in acquittal, and w,
man was once acquitted. he conlu W.
again be tried. no matter what a''"
evidence was discovered. Il,
The Marquis Mazaccra saw i d" v,
too; but he made no fulsome oh'' :,
thanks to Randolph Mason III -,
court room. He maintained there -" :.
bearing OF an aristocrat. the air o.
man lightly Indifferent to sun or Sn" "r