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ORRIN DE WOLF. 568

fense that there was no time when this offense could have
been committed. When witnesses speak of a few minutes
their testimony does not admit of a very great accuracy. Tf
the prisoner committed this erime, he would have done it
under such circumstances as would be the Jeast likely to sub-
ject him to suspicion.

Aceording to his confession he could not have done it at
any other place than at the stable. One of the witnesses has
stated that a much lesa degree of force would produce death
while in a state of intoxication or debility from any cause.
If then the defendant had no good motive to carry Stiles
home but to keep him in his power, then it was a stronger
circumstance. Another fact which bears strongly, ia the cou-
tradiction made by the prisoner in the morning, He was
advised not to tell where he had been, as it would not look
well, but would operate to his prejudice. This may account
for the fact that he did make a false representation. If a
man gives a false account afterwards it shows that if he told
the truth in the first instance his fears have either been ex-
cited, or that he hes been advised to make a different state-
ment.

A great number of witnesses have been called in this case
whose testimony you will have before you. The evidence of
one of them has been introduced to show an inclination on
the part of the deceased to apply his hands to his neck for
the purpose of committing suicide. This evidence, however,
is not material. The testimony also of Drs. Woodward and
‘Workman is entitled to great consideration, . . . I am
reminded by my associates that there is one part of the evi-
dence which it ia more necessary to speak of. It is the second
letter written by the prisoner while in confinement, which
was carried out concealed in the sleeve of a person about leay-
ing prison. I have remarked that it waa not written under
the influence of hope or fear. So far then as the contenta of
that letter are connected with the confession and testimony in
this case, they go to show, that the prisoner had a criminal’s
sense of conscience, and you will bear in mind that he sought

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