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ORRIN DE WOLF. BBO

ant. In determining this point, you are to look at the mo-
tives, the time, and the circumstances.

It is proper, therefore, to look at cireumstantial evidence.
It is contrary to positive evidence. When it is introduced, it
does not profess to be positive proof. It is therefore to eon-
neet one fact with another, and the inference which is drawn
must be one which may be proved to be fact from the connee-
tion of all the cireumstances. It has heen said that a case of
eireumstantial evidence may be more plain than one asserted
by positive evidence,

One witness may testify to one circumstance, another to
another cireamstance but both tending to establish the same
fact.

A case may consist partly of both positive and circum-
stantial evidence, and this may be of that class. All the cir-
cumstances go to show that the prisoner had the motive to
commit the crime charged in the indictment, and when you
find the act done, you must investigate carefully all the cir-
cumstances connected with its commission. The confession
of the defendant, is partly positive, and partly cireumstan-
tial. Tt is positive so far as it corroborates the circumstances,
proved. It is cirenmstantial, so far as it reveals a great
variety of cireumstances connected with the act. But the
question is now as to the confession made and the cireum-
stances under which it is made. The party knows whether
they are true or not. If then you have evidence that it was
honest and sincere, then you may attach greater weight, to
those circumstances, If there were facts or cireumstances to
exeite hopes or expectations of eacape then you are to look
carefully at the confession itself. You are to inquire whether
it was honest and sincere or whether any inducements were
offered to entrap him into a confession. If it appears that
a man has been seduced by his own feelings, or, that there
have been other circumstances to draw out a confession under
the anticipation of personal benefit or release, then, gentle-
men, you must reject it as being untrue. But if he makes it
in the absence of motives or inducements of such a nature, it

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