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ROBERT HcCONAGHY. 615

‘wilfully, deliberately and premeditatediy,”’ as laid in the
indictment, there seems to be but one opinion. There can be
but oue. The crime, for wickedness and atrosity, is unex-
plained in this or any other civilized country.

There is but one inquiry. Does the evidence satisfy you
that the prisoner did the acts charged upon him Ié that in-
quiry be answered affirmatively, there can be but one result.

The evidence is presumptive. Direct and positive evidence
cannot always be obtained. The law admits circumstantial
or probable evidence. Presumptive proof is either violent or
probable. A man should not be convicted on probabilities;
but violent presumptions may amount to full and satisfactory
proof. Violent presamptiona are, when cireumstances are
proved which usually and necessarily attend the fact; and
are, therefore, considered to be full proof, till the contrary
appears, Ag if a man be found suddenly dead in a room, and
another be found running ont in haste with a bloody sword.
This is a violent presumption that he is the murderer; for
the blood, the weapon, and the hasty flight, are all the usual
concomitanta of suck a horrid deed.

The next proof to the sight of the fact itself, is the proof
of those circumstances which do necessarily attend such fact,
Every presumption ia more or less violent, according to the
several circumstances proven; both more or less usually ac-
eompany the fact to be proved. It is difflenlt, nay, almost
impossible, to lay down precise rules, which should govern
the jury. We instruct you, that each particular ease must
depend upon its own nature; and cireumstances and pre-
sumptions will become serious when the appearances are not
accounted for by those whose power it is to account for them.
So, if different or false accounts be given.

You, gentlemen of the jury, who have diligently attended
to the evidence, will consider it carefully, and regard the
Toles we have stated, and will state to you. You have heard
Brown’s evidence. We state an outline of it. On the day
the murders were committed, he left Matilda Furnace about
1 o’clock, with a griddle and sledge on his back, for his own

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