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LEO M. FRANE. 305

evidence as upon direct evidence. Eminent authority shows
that in many cases circumstantial evidence is more certain
than direct evidence. Conviction ean be established better by
a large number of witnesses giving cirenmstantial evidence
and ineidents pointing to guilt than by the testimony of a few
witnesses who may have been eye-witnesses to the actual deed,

Tn this case, we have ‘both circumstantial evidence and ad-
mission. Hence, with reasonable doubt as a basis, the evidence
shows such a consistency that a reasonable conclusion is all
that is needed.

This thing of a reasonable doubt originated long ago, whet
the accused was not allowed to be represented by eounsel to
defend him. In time the reasonable doubt will drop out. Our
people are getting better and better about this all the time.
The state is handicapped in all sorta of ways by this reasona-
dle doubt proposition, and has to more than prove a man’s
guilt often before a conviction can result.

You ean’t gef af a verdict by mathematics, but you can get
at it by a moral certainty.

People sometimes say that they will not convict on ciremm-
stantial evidence. That is the merest bosh. Authorities show
that cixeumstantial evidence ia the best evidence, People are
improving about thie. Yet juries are often reticent upon this
point. But juries should not hesitate at lack of positive evi-
dence. ‘The almost unerring indication of circumstantial
evidence should control. Otherwise society is exposed to free-
dom in the commission of all sorts of the most horrible crimes.
Circumstances which would warrant a mere conjecture of
guilt are not warranted as the basis for a conviction, but when
the evidence is consistent with all the facts in the case only
a conviction can result. ‘

Now, let’s examine this question of good character. I grant
you, good character spells a whole lot, but first, let's establish

1Mz, Dorey here told the graphic otory of how W. H. T. Dur.
rant, upon cireumstantial evidence, was convicted of the murder of
Blanche Lamont in Emmanuel Baptist church in San Francisco,

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