148 Slide – American State Trials 1918 Volume X Leo Frank Document

116 X, AMERICAN STATE TRIALS.

not lie; but witnesses may, and often do, and the experience
of mankind shows that jurors are often imposed upon by
witnesses who testify under strong bias or prejudice, and by
80 doing give a coloring to the case which the facts do not
warrant; more particularly is this the case when the teatimony
goes to the jury with an imperfect cross-examination. A
juror cannot always know what is transpiring in the breast
of a witness, A well-trained witness will sometimes teatify
as if he felt no interest in the ease, and was indifferent as to
the result, when in point of fact he is panting for the con-
vietion of the accused. How often is it that the executive
of the State is compelled to interpose the pardoning power
in eases of wrongful conviction upon positive evidence. A
wrongful conviction upon cirenmstantial evidence is an event
rarely met with, and I will venture the assertion that the
counsel, whose experience in criminal practice is large and
extends over a period of thirty years, cannot point to a case
where an innocent person has been convicted and executed
upon such evidence. The danger resulting from this char-
acter of evidence does not lie in the possibility of a wrongful
conviction, but in the proneness of jurors to Jet the guilty
eseape Tpon vague conjectures.

Mr. Starkie, speaking of this character of evidence, in his
book on the law of Evidence, says, ‘‘To acquit upon light,
trivial and fanciful supposition and remote conjectures is a
virtual violation of the juror’s oath, and an offense of great
magnitude against the interests of society, directly tending
to the disregard of the obligations of a judicial oath, the
hindrance and disparagement of justice, and the encourage-
ment of malefactors.’?

T£, gentlemen, you abolish circumstantial evidence, or cease
to give it the weight that it is entitled to upon every prin-
ciple of human reason, you will destroy every safeguard
that the law has thrown around your persons. The passions
will go unbridled, and murder will become as common as the
lowest grade of misdemeanor. You will not be able to travel
‘upon the highway, or repose upon your couch at night with
any security against the bloodthirsty assassin. High crimes