Year: 1867

v


ma the elements required to make out
that case not to exist, and be compell-
ed, under the instruction of the Court
as to the law, in that event to return a
verdict against all, or some of them,
Tor single cent; although you may
understand it; although his Honor
Will be able to interpret it; although
those present who hear it will be able
to give the right construction to it
yet those who are not present, that as
sembly of the people who daily read
the account Of the progress of this trial
ana who hear Of its termination and
result, or hear of it by tradition, or
learn Of it by these records, will learn
only from that record, upon that
event, that these parties were not only
accused ofthis penitentiary offence, but
that they stood here convicted of it
IL was for that reason, among others,
that, probably, the most important
OF all-that in an earlier stage Of the
progress Of this suit 1 sought by such
reasons and arguments as l was capa-
bic Of presenting, to establish the prop
osition in law that the plaintiffs having
neglected to bring their suit upon the
terms and words ofthis particular stat.
ute, were bound by considerations of
law, as well as Of treason and right, to
stand or fall by their own election; {;
and having come into Court to make
this particular charge, in all its length
and breadth, and height and depth, and
having sought to establish it by testi-
mony, that if they failed in making
out their whole case, they should be
compelled to fail altogether, especially
when the nature Of this issue required
these people, at every hazard, to stand
at bay upon their defence. If thcv
had been called upon to respond mere
~ for ordinary trespass, we should
have been spared all this time and
trouble Of trial at any rate the cnor-
nous costs, swelling up day by day
by the attendance of witnesses called
to p: owe or disprove the issue made.
as to the commission ola crime. would
have been unnecessary. And vet, al
though the plaintiff fails in the sub
stance Of that which he has charged,
and is compelled to fall back on or
dinary trespass, he carries with him
the enormous punishment inflicted
upon the defence, Of the exposure of
his failure.


GRAVE RESPONSIBILITY OF TIE JURY.


The nature Of this case gives great
sOlCmnity and seriousness to this trial.
1t puts you upon your guard; it is a
matter that you cannot dismiss, and
that as men you WIN not have the
disposition TO dismiss from your minds
with light and trivial consideration.
You have got to examine, invcsti-
gate, discuss, to scrutinize with all the
powers Of your minds, with your
whole intellect and moral strength,
every item of testimony brought to
sustain it. You have carefully to sift
testimony, anolyze and weigh evil
dencc, and to look about you for light
to be thrown in upon this vast mass
both Of evidence and argument. i'm or
der to discover those principles oflaw.
those principles of evidence which will
enable you to arrange in your minds
logically the true history and mean
ing Of this entire transaction, giving
to the defendants, standing on their
defence, the benefit of those wise and
charitable safeguards which the law
interposes as a shield to protect all, of
whatever degree, who are'i in like peril.


SAFEGUARDS FOR Defence.


] desire at the outset, to call YOUR
attention to two cardinal mayiuls,
which you are ever to bear in mind,
not mere distractions, but which lie at
the very bottom and base of the struc-
ture of criminal law, which give a
character and meaning to investiga-
tions Of that sort, which entirely dis
tihguish them from Investigations re-
lating to the civil rights Of citizens
maXims of jurisprudence sanctioned
by the legislation of every enlighten-
ed community; practised upon by
every careful man in Judging of the
character of those who are assailed
with such a charge. They are, first,
that maxim of the criminal law, by
NllNll NllN Jaw DlNoulllNo tNflS llltlll
and gentleman, every woman, too, to
be innocent, to DO free from blame,
not guilty Of the charge, until it is
made out by proof, substantial, tangi-
bic, satisfactory proof. And that
proof, gentlemen, according to anoth-
er maxim in cases like this is, that
there must be n special amount and
degree of it, You cannot take the
truth Of such a charge, under such cir
cumstances, for granted, upon merely
ordinary evidence, the evidence that
would prove a debt, for instance, an
account, that would prove the posses
sion Of land; that would prove an or
dinary trespass even. 1t must be
greater in amount, higher in degree,
more forcible in strength; in other
words, it must be such as will not only
satisfy you that it is more probable the
defendantsare guilty than that they are
not, but satisfy you to such degree
of conviction as that every hypo-
thesis tothe contrary will be decraed
by your conscientious intelligence to
be unreasonable. 1t must remove
every doubt which reason has enter
tanned.


CHARACTER OF THE PLAINTIFFS.