The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-10-04

s.If 1OuF 6olllF .please.s he satdf Fl
have pfoYed the irlcBdeits q tie MUIR.
Der. tie death of the Victim and the
declaration 0f the Diseased. I wish.
now to introduce that dee& rsEtlolls to
connect tie prisoner With this Killing.
The identity az tbs pFisoner with the
MARQUIS AEazaecra having been now
admitted, I take It that the people
have made their case"
Then, posIng on one foot, and rails
ing HIS voice until & carried to the
bailiRs ct the door, he read the origi-
nal statement of Tolman Perkins:
1T was that italian, the Marquis
Mazaccra, who did It. When I get
vel, viii Eiu him."
II any one had been at that moment
observing closely the face OF the pre-
siding Judge, he would have noticed q
swiftly changed behind the immobila
features. The judge was an able and
conservative trier OF causes, and made
It a point never to read any notices
OF q crime, nor to be advised in any
MANNER Of public opinion. nor 6f any
comment antedatimg the trial OF the
prisoner. He thus got HIS knowledge
OF the case solely from the evidence
produced before him on the trial.
May inquire, Mr.. Pagan" he said,
eft you have any evidence further
than this declaration to oher for the
peoples"
mo, your honor" replied the law
yer. This seems quite enough to es-
tablish the guilt Of the prisoner The.
Nth -
The judge looked down at Randolph
Mason.
s.aas counsel for the prisoner any
thing to say on the admissibiIity Of
this evidence"
"No," replied Mason, rising; 'T OBJ
3ect merely to its Introduction, and
move the court to direct a verdict OF
not guilty. We have no evidence to
oRer."
Mr.. theodore Fagan arose then. but
toned his frock coat, thrust his right
hand into its breast, ana delivered an
Grafton on a homicide. When Mr.. Fa-
gan returned finally. steaminG to his
chair, the judge arose and addressed
the jury.
Gentlemen" he said, "there is no
more difficult duty than that OF pass
ing upon the guilt or innocence OF one
charged with a crime; therefore the
law, ont Of an interminabIe expert
ence, has laid down certain definite
rules by which courts are to be gov
erned in the exercise OF that duty.
These rules are said to be the very
refinement Of reason. They at least
insure a certain order and a certain
uniformity Of result not otherwise at
tainable. They are rigid, accurately
determined and binding alike on all
courts OF justice It is certain that
now and then the observance OF these
permits a guilty man to escape pun
lshnent. But, IN the mean time, they
are the safeguards Of persons UNJUST
~ accused and preserve the innocent
from passion, prejudice or q public
preconception Of guilt
'Tn the case before you, evidence
has established the violent death Of
q citizen, and the circumstances ate
tendant on It; in fact, the perpetra-
ton Of the highest crime under that
OF treason II, in addition thereto,
proper evidence should be presented
tending to connect the prisoner with
that killing, you would have the right,
under the law, to say whether he is
guilty or not guilty OF the crime. The
assistant district attorney offered the
statement Of the deceased, naming
the Marquis MazGccra. The identity
OF that person with the accused is
admitted. This is the only testimony
offered on that point II it is admis-
sible and proper, the guilt or inno-
ceuce OF the accused will remain with
you to be determined. II not it be
comes my duty to take the case out
of your hands and direct an acquittaL
"As a general rule of law, one
speaking against an accused must
first be sworn, and an opportunity
given Ter his cross-examination, before |
his statement can be heard as evil |
dence; but there is an exception made !
in that certain class Of evidence com |
monty named dying declarations. that
is, statements germane to the issue
made by one about to die. Here the |
law assumes that man in the imme- |
date presence Of death Will not prob |
ably lie, and his statement Is admis- |
sfble as evidence, with the usual pre-
sumption Of truth In it's favor. But,
It must amrmatively and conclusively |
appear that the deceased, at the time
OF making such declaration, believed |
himself about to die, had. in fact, |
abandoned all hope Of life. II he en-
tertained any hope Of recovery, or any !
doubt Of death, his statement Is not |
admissible as evidence. It is not ma |
terial that he did in fact die, even |
with the words OF the declaration on |
his lips, II he did not believe death |
impending.
s41This a. the rule. Let US now apply |