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LEO M. FRANK. 408

Gentlemen, the object of all legal investigation is the dis-
covery of truth. That is the reason of you being selected, em-
paneled and sworn in this case—to discover what is the truth
on this issne formed on this Dill of indictment. Is Leo M.
Frank guilty? Are you satisfied of that beyond a reasonable
doubt from the evidence in this caset Or is his plea of not
guilty the truth?

The rules of evidence are framed with a view to this
prominent end—secking always for pure sources, and the
highest evidence.

Direct evidence is that which immediately points to the
question at issue. Indirect or circumstantial evidence is that
which only tends to establish the issue by proof of various
facts sustaining, by their consistency, the hypothesis claimed.
To warrant a conviction on circumstantial evidence, the prov-
en facts must not only be consistent with the hypothesis of
guilt, but must exclude every other reasonable doubt hypo-
thesis save that of the guilt of the accused.

The defendant has introduced testimony as to his good
character. On this subject, I charge you that evidence of
good character when offered by the defendant in a criminal
ease is always relevant and material, and should be consid-
ered by the jury, along with all the other evidence intro-
duced, as one of the facta of the case.

It should be considered by the jury, not merely where the
balance of the testimony in the case maken it doubtful whether
the defendant is guilty or not, but also where such evidence
of good character may of itself generate a doubt aa to the
defendant’s guilt. Good character is a substantial fact, like
any other fact tending to establish the defendant’s innocence,
and ought to be so regarded by the jury. Like all other facts
proved in the ease, it should be weighed and estimated by the
jury, for it may render that doubtful which otherwise would
be clear. .

However, if the guilt of the accused is plainly proved to
the satisfaction of the jury beyond a reasonable doubt, not-
‘withstanding the proof of good character, it is their duty to

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