Year: 1878



 man after deducting what he had expend- | ed. All that has been thoroughly explain. ed by the prosecution. You may consider all the attempts at0isguse if you find any on the part of the prisoner after the offence was committed. You may consider the fact that the prisoner seemed on the day

 preceding the homicide and Thanksgiving,

 more or less under the influence of liquor,

 and was there facts in it resting upon the

 question. Drunkenness by the voluntary

 use of intoxicating liquor, as you well

 know, Gentlemen, is DO excuse tor crime. It offers no ralliation whatever. This is

 tact which you may take iuto consideration when yoA are determining as to the conduct l of man who is said to be more or less un-

 der the influence of liquor. If you find he

 was under the influence of liquor you may | consider what accrued after You may

 consider the deception practised by him. These are the moral concidents connected with the crime.

 And now, Gentlemen, it is my duty to say to you that upon this question the sup

 pression of evidence which might seem 10 | make against him the fabrication of evi- ! dence in his favor. if there be any evidence

 of any suppression or fabrication, false

 hood if any then be proved against him. You may consider that as among the strong | moral colncidents connected with this evl-

 dence. And in that connection il is your

 duty, Gentlemen, to consider the degree of

 intelligence the prisoner possessed. Such

 incidents have sometimes happened in his

 tory in the courts of justice, that innocent people charged with crime, without intelli.

 gence enough to know the full weight of l the rule that honesty under such circum.

 stances is the only policy-innocent people

 sometimes to whom suspicion is unjustly

 directed have told falsehoods, have fabrica-

 ted evidence, have suppressed something

 which they supposed would point against

 them, although they were entirely innocent. | Whether therefore description is to have

 weight depends largely upon the degree of

 intelligence which the person possesses, the

 timidity, from degree he may be suffering

 the degree of embarrassment which may

 overcome hlm. impressed with such crime

 as this. But It is all tor you.

 And now, Gentlemen, you are to consid-

 CT all the evidence which has come from

 the witness who has testified in regard to

 the blood stains. How much of the blood

 stains upon the clothing of the prisoner is

 satisfactory proof to you that they are

 blood stalns? Is it proved to you that they

 are human blood stains? How, it is a rule

 of law, it is in a court of law, it is highly

 proper in court of law, for iuries and courts to resort to the evidence of men whc possess peculiar skill and experience and . knowledge upon secondite and hidden sub

 jects. There are many matters of human knowledge which juries and courts cannon

 have the time to investigate. We constant ly resort, as you know, to the medical pro tession to inquire ot them as to the hidden causes of disease. We go to them ourselves ) when we are in the greatest distress and af. , fiction to know what shall be done fol those we love. We repose confidence 1T , their learning end in their experlence, be E cause we know that they have studied into g matters which are beyond the common s knowledge of man, and we trust sucl e knowledge implicitly. They have rlgh P to come into court therefore, and thei ]. opinion, the ordinary theory and opinion . of men skilled in matters of peculiar learl @ ing not within the reach of the jury, ar 1T competent evidence for the conslderatiol e of the jury. You are not bound by thes e opinions. You may reject them if yo = please. But the weight of those opinion l- will defend the intelligence and sobriety o a the witness, his means of knowledge, th i- extent of his investigations, and if there b L. a conflict between the parties claiming It be experts then you will judge between th e two parties Tn conflict, which is to receiv r. the credit, of which has the most expeT t. ence and most wisdom.

 l d 1t first proper for your consideration. Yo y are not to be governed by il. It comes l j. only as evidence for your consideration ID These blood stains apply not only to tb B. clothing but to the cane which was ID th fe prisoners possession at the time. h And now, Gentlemen, think that I Lay e said all that is necessary except as to th is question how far you are to be satisfied b, {. yond a reasonable doubt, and that does nc .- mean that you are to doubt for the sake c h doubt ng. There is no fact, except that (, Ie pable of proof by mathematical determin, = tion in this world, the existence of whic f, may not be & subject of doubt. There IS T D. demonstration required on the msnsgemer l. of human affairs or in the administration ( Id justice, because there must be proof to le moral certainty. You must be satisfle le that the fact which the government has a h tempted to establish, is true beyond rel te sonable doubt. and that has been define re beyond reasonable doubt for which 70

 can give no good reason. You must | to satisfied in other words that the guilt of th 1e prisoner is proved in such way as yo S. would require fact of the greatest persol .h al importance to you should be proved. at civil cases as you know, the rule is that tE ,e parties may make out a case ID civil sui I by the mere preponderence of evidence or IT, way or the other. You are required in ,e civil sult to be reasonably satisfied only ( je a facts On the contrary in criminal sui ls you are to be satisfied beyond reasonab ct doubt. But that reasonable doubt IS som le thing which implies more than doubt raj re ed fof the sake of raising doubt, and ,e can do no better than 10 read from Il nt opinion of one of the most learned judg, r. of this court. TReads extract from "Cusl of ings Reports" pages BIO to SIS inclusive

 I,l,x ,l | m And now, Gentlemen, the court gives II Lh case to you. It cannot have failed to ID to press you by the attendance which has bee nt so constant and so interested, in this cou 8, house from the beginning; how deeply ey ty cry one in this community is interested w the question before you interested ID tf 1. question, because it fleets the security ( h. human life, a security which it is the dut ,i- of every welordered government to pTt V. mote as one of the first interests and higl v- est aim and that security you will consit c. CT has been under our system most abunt at antly provided for in all those provision nj which are intended for the detection, col ,n viction and punishment of the crime C t. murder. Beginning with the inquest whic a.l is required to be held as soon as the murdt W is committed, for the purpose of determil .s ing upon the facts in the case, the iiqur n before the district court, the inquiry befol Id the grand jury for the examining of th ,f witnesses. the empaneling of the jury, thi .e trial. finally the sent nee ard punishmer f. which follows inflicted upon the party gui Is ty of murder committed with premeditate h malice aforethought, the highest penal, Is known to the law. .l h It is that the people of this Common I. wealth wherever situated in the remotel le and most secluded or the high or low will, ,e pes for each sex of every condition in life ID may pursue peacefully their avocstior