Newspaper Page Text
VOL. 40, NO. 33.
WARREN, TRUMBULL COUNTY, OHIO, WEDNESDAY APRIL 18, 1855.
WHOLE NO. 2011
The following bnntifnl line obtained the pris.
winch was offered by the Editors of the Boston Recor
der an Telegraph for the beet poetical production du
ring the year IKJS- The premiusa was awarded by a
committee appointed for that purpose, to Mr. Katbaniel
f WUlis, then a member of Tale College, a the aa
thor.J I sometimes feel that I sould blot
All traces of mankind from earth :
As If twere wrong to Wast them rot. .-
- They ao degrade, M shame their birth.
To think that earth shoakl be ao fair,
" go oeantifnl and bright a thing ;
- xhat natore should come forth and wear
- J 8neh glorions apparelling ; A
That sky, sea, air, should lire and glow -.,
' With light and lore and holiness,
..And yet men nerer feel or know
' Bow much a Ood of lore can bless
. t Bow deep their debt of thankfulness.
! seen the sun go down, and light
Like floods of gold poured on the iky
'Whan every tree and flower was bright, .
And erery pulse was beating high,
And the full soul was gushing Iotc,
And longing for its home abore
And then, when men would soar. W erur,
To the high homes of thourht and soul
,1 'When life's degrading ties should serer.
And the frea spirit spurn control
s' ' Than hare I seen, (oh how my cheek
Is burning with the shame I feel,
- Thit truth is In the words I speak)
Ie ceen my fellow creatorer steal
" Away to theirunhallow'd mirth,
. As if the rerelries of earth
Were all that they could feel or share.
And glorious heaTen were scarcely worth
Their passing notice or their cars.
" Pre said I was a worshipper
r; At woman'a shi iiie yet eren there
I found unworthiness of thought.
And when I deem'd I just had caught
The radiance of that holy light
Vi Which makes earth beautiful and bright
' When eyes of re their flashes sent.
And rosy lips look'd eloquent
Oh, I hare turn'd and wept, to find
Beneath it all a trifling mind.
J I was in one of those high halls, '
Where genius breathes in sculptor'd stone,
Where shaded light in softness falls
On pencii'd beauty. They are gone.
- Whose hearts of fire and hands of skill
Bad wrought such power but they spoks
To me in erery feature still,' '
. And fresh lips breath'd and dark eyes woks,
Aad crimson cheeks flushed glowingly
To life and motion. I had knelt -
And wept with Mary at the tree
Where Jesus suflered I had felt
" The warm blood rushing to my brow
At the stern buffet of the Jew
Bad seen the God of glory bow,
. And bared for sins he aeser knew
And I had wept. I thought that all
Must feel hke me and when there cam
' A stranger, bright and beautiful
I With step of grace and aye of name.
And tone and look most sweetly blent
, To make her presence eloquent.
Oh, then I look d for tears. We stood
1 . Before the ssene of Calrary
I saw the piercing spear the blood
The gall the writhe of agony -
I saw his quiTering lips in prayer,
' "Father forgire them" all was there. '; r
I turn'd in bitterness of soul
Aad spoke of Jesus. I had thought
Her feelings would refuse control ;
For woman's heart, I knew, was fraught
With ruaiug sympathies. She gas'd
A momeirt-Qn ft carelessly.
Then coldly cotim her lip, and prais'd
"e The high priest's garment ! Could it be
. That look was meant, dear Lrd, for thee f
Oh. what is woman what her smile
Her lips of lore her eyes of light
.What is she, if her lips resile
The lowly Jesus t Lore may write
His name upon her marble-brow, -
And linger in her curls of jet
.The ligtwapringflowermay scarcely bow
Beneath her step, and yet and yet
Without this meeker grace, she'll be
A lightrr thing thau ranity.
MISANTHROPIC HOURS. Choice Miscellany.
MISANTHROPIC HOURS. Choice Miscellany. A SAMPLE CLERK WANTED IN A
Jem B. is a wag. A joke to Jem
both ibod and raiment ; and whenever
and wherever there is an opening for fun,
he has it..
Jem was recently in a drug store, when
a youth apparently fresh frorrrthe 'moun
ing,' entered, the store and at once accost'
ed Jem, stating that he wag in search of
What kind of a job?' inquired the wag.
Oh, a'most any thing, I want to git
kind of a ginteel job ; I'm tired o'farmen,
and kin turn my hand to most any thing
Well, we waut a man, a good strong
healthy man, as sample clerk.'
What is the wages V
Wages are good ; we pay $1,000 to
' mm ! in that situation.'
'.What's a feller have to do?'
t )h, merely to test medicines, that's
It requires a stout man, one of good con
stitution, and after he gets used to it, -
doesn't mind it. You see we are very par
ticular about the quality of our medicine
anil before we sell any, we test every
parcel. You would be required to
some six or seven ounces of castor oil some
days with a few of rhubarb; also, Cro
ton oil, and similar preparations. Some
days you would not be required to
Anything ; but as a general thing you
count upon say from six to ten doses
-something daily. As to the work,
doe not amount lo much; the testing
would be the principal labor
quired of you ; and, as I said before,
requires a person of very healthy organ
ization to endure it ; but you look hearty,
and I guess vou would suit us.
young man, pointing to a very pale-facedf
slim-looking youth, who happened to
present, has filled the post for the
two weeks ; but iio is hardly able lo
it. We fchould ike to have you
right bold, if you are ready, and you
bo, we 11 besia to day. tiers s a
barrel of castor oil just come in (
draw an ounce'
Here verdant, who had beet) gazing
tently upon the slim youth, interrupted
him wi h
'N-no, I guesa not ; not to day,
how. I'll go down and see my aunt,
ef I o'clude to come. 111 come up tortnorr
row eod let you know,'
As he did not reUrn, it is to he
he considered the work too hard,
Bex. McCullouuh, the Texas ranger,
lias been appointed Lt. Colonel in one
the four new regiment,.
For the Farmer.
A CHAPTER ON POTATOES.
The common Irish potato, which is new
cultivated extensively in all the civilized
countries of the world and which has be
come with us almost as importana stat pie
of production as our corn or wheat, is
not, as is supposed by many, a native of
Ireland, but was first discovered in the
wilds of South America. It hat been
found in an indigenous state among the
mountains and steppesof Chili, Peru, Ecu
ador, New Grenada, Buenos Ayres, Ura
guay, and more recently in Mexico, on
the banks of the Onzaba nver. It was
first introduced into spain from the neigh
hood of Quito, in the early part of the
sixteenth century, and then spreading rap-
dly throughout Italy and the south of
Europe, soon found its way into Germa
ny. The potato was cultivated ia Ire
land before its value was known in Eng
land, and it Is eaven related that it was
accidentally introduced into the latter
country, in oonsequence of the wrecking
of a vessel on the cost of Lancashire,
which had a quantity of them on board.
The period of its introduction into our
country is not exactly known, ' although
it was one of numerous other products or
dered to be imported by the Governor &
Company of Massachusetts Bay, in the
j ear 1629. It was not, however, gener-
alli known and culivated either in Britain
or North America' much bafore the mid
dle of the 18th century. For a long time
it was considered by the higher classes
as a food Tit only for poor people' who
could not afford to bay bread.
In the year 1853, there was raised in
the United States about one huudre and
six million bushels of potatoes, of which
one third were of the sweet or native va
riety. Valuing them at the rate of 40
cents a bushel, these would be worth up
wards of forty-two millioudollars.
Mr. Fling, the Secretary of the state
Board of Agriculture, says, in his annual
report, that although the potrto crop has
turned out well in New England during
the past year, so far as the disease is con
cerned, yet there is no doubt that,
some unknown reason, the quantity
yield per acre is annually diwliiUrrhrg-.
In Massachusetts it is now far less then
it was in former years. The experience
of the greater part of our farmers shows
that, as a general thing, two or three times
as many hills of potatoes are now required
to fill a bushel basket, as would have
been required for the same purpose
years and more ago. Land which form-
erly yielded two hundred and fifty and
three hundred bushels, now produces but
a hundred and fifty. Some allege as
reason for this that the soil of the State
is fairly exhausted; others attribute it
the neglect of the fanners to provide suf
ficient manure; other still, confess an en
tire ignorance of the cause.
FACTS ABOUT CATTLE.
It is a fact that all domestic animals
can be improved in size and value.
hundred and fifty years ago, the average
weight of cattle at the Simithfield Market
was not over 370 pounds, and that
the sheep 28 pounds Now, the average
weight of the former is over 800 pounds,
and of the latter about 60 pounds.
The average weight of cattle, properly
termed beeves, in the New York market
is about 700 pounds, and sheep about
The average live weight of the heaviest
drove of beeves of 109 in number
brought to this market, was 2,007 pounds,
weighed from dry feeding, in Illinois
The mode of selling cattle in
York, is at so much per pound for the
timated weight of meat contained in
four quarters. The estimation is
upon the live weight of cattle as follows:
A drover in buying a lot oC grass-fed
common stock in Illinois, should
calculate to get an estimate of over
here of the live weight there.
is, if the drove averages 12 cwl.,
will make 6 cwt. of meat each.
Medi um beeves may be estimated at
or 55 pounds per cwt. Good beeves at
or 57 pounds. Extra good, larje cud
from 53 to 62"pounJs per cwt.
In the Boston market, the weight
tgeuerally estimated upon "five quarters,'
hat is the product of nu-at, fat a id
There the oattle are generally weighed,
and the product estimated upon ao
64 pounds per qwt.
In New York not one bullock in
goes upon the scales to determine
price fo the butcher. A". Y- Tribune.
GofOEE-bREAD. fliree pounds
flour, on9 pound of butter, three-quarters
pound of sugar, one-eighth pf ginger,
quart of molasses, (sugar house is
best,) one table spoon full of cinnamon,
one do. cloves.
Shallow ffjowaa operates to im cover
ish the soil, while it decreases production.
THE HOLLOW HORN.
We find the following remarks upon
this disease in an article translated from
the French for the FarmerM Companion,
"Thie r1ieo.. ie n whom mentioned
ii European books ; we find no mention
oi it in Youatt and Martin i American edi-
tion,) and we believe it to be confined to
the nothern . regions of America. In
some parts of Michigan it is very common.
The cause of it, we are inclined to think,
is excessive cold and freezing; it being
similar to the gangrene, which ends in
the loss of fingers and toes to those who
are exposed in winter. The pith of the
horn the part affected has but a slight
circulation of blood, and, consequently,
imperfect hold on life. When frozen,
dies, and gradually decomposes, but
being excluded from the air, the diseased
action is slow and somewhat different
from that in an exposed muscular mem-
brane. In all cases which have come
under ourobservation, the horn is cool, with
a peculiar feel ; the animal is generally j
eiupid, careless of iU feed, and not tbri-l
ving;but we have-heard of one case
wuc.c uuuu ucai .u ...
probably from induced inflamation. 1M
allowed to continue, without relief, the
bones of the head, and thence the bead,
a aw J J J L
nt si 1.- .
ensue, ine nest remedy 14 10 ooreanoie
whh a gimlet near the base of the born,
the hole rather slanting upward.. If hu-
mor appears, use a syringe and warm
water, and wash out the horn ; but if there
is none, and the born seems nrm, try a
little higher uo. Many persons use a
mixture of vinegar, red pepper or other ir
ritating substance, but we scarcely think
them necessary, except in very bad cases.
' We should then inject a solution of chlo-
ride of lime for a few days ; and a little
vineear alone afterwards. Weak corro
sive sublimate and water might be care
fully tried. ; However, boring is general-
Iv sufficient to effect a cure. We have
never had a case originate on our farm,
and attribute our freedom from it to keep
in"' our stock under cover or in sheltered
yards during winter."
These ants have no uniformity of size,
A correspondent of the N. Y. Scientific
imerlean writing from Deiltc
Texas, gives the-following interesting ac
count of the Ants of Texas:
some being large enough to carry a gTain
of Indian corn, while others are no larger
then a flee: all the different sizes may be
seen in the same train,' the larger ones
turning down the leaves, and the smaller
ones cutting them up and camng them
to their den. In color they are a dark
red. In shape they resemble the comon
large red ant, but have a large head;
they carry their burdens on their backs,
which are supplied with several sharp
norns w Keep meir loaas in piace; meir
sharp cutting teeth resemble a pair of
shears in shape. I have seen four engaged
carrying a grn of corn up the inside
a barrel, aud after they had it clear up
one would take it on his back and
move off for the den. Their instict is truly
surprising; they live in towns or clusters
of riens or cells some cehs are larrre as
Hour barrel, and contain a halt bushel
ants, all sizes and ages. They are sup
plied with large breeders similar to the
bee; they burrow some times to the depth
often feet, hence they are almost inacces
sible to fire or sword.
One circumstance I will relate to show
their numbers; I had a nursery of fruit
trees attacked by them, and I have con
cluded to try burning them in train;
I burned thiee hundred every day
one week, still the stream continued, they
live entirely on vegetables and but few
kinds escape them, such as the fig,
mulberry, the pecan, and sume few others.
They are inoffensive, any farther than
' their teeth are concerned, have no sting;
dung-hiil fowls are fond ot ihem, but
few are destroyed; I have tried to des
troy them for four years, aud have failed;
I wish some Yankees would give them
pop. Sometimes one den will strip
peach tree in a night; a successful inven
tion for their destruction would prove
To Clarift Maple Sugar. The sea
son is coming on when the manualcure
maple sugar wiil coinmouce ; and for
information of those who like to make
good article, we commend the method
which an intelligent Vermont farmer prac-
lices for the purpose of removing the col-
oring matter of the sap, and which ren-
ders the sugar nearly as white as common
crushed sugar. . His method is to filtrate
the sap before boiling, through a hop-
per or box of .and, whioh, he says, takes
out, not only the dirt, but all the stains
rived from leaves, tubs, crums of bark,
and all other coloring matter that
prevent the sugar from beiog pure white.
-Mich. Farmer. -
' Dabtikl Webster's Marshfield Farm
baa been sold- "
Trial of Rollin A. Leet,
- Uoubt of Commoh riu,
-TbUMBULL COUKTT. btate Ot UniO V.
Rollin A. Leet, for Poisoning. March
CHARGE OF THE COURT.
Gentlemen of the Jury Afier having
listened to this case thus far, it only . re
mains fnr thf. fJnnrt to irive to VOU the
principles of law, and rules ot evidence
that are applicable to the testimony, be-
fore you shall retire to the final dischar-
ge of your duties.
I may be permitted to say here that in
anything I may say, or in any expres
aii sion I may use, I do not desire to be un
it derstood as intimating any opinion of
the facts of the case. Sufficient for my
and I desire to leave the the entire responsi
bility of finding as to theact in the case,
with yourselves to whom that duty prop-
erly belongs : indeed, after having listen.
ed attentively as you have to all the evi-
dence and the thorough and able argu-
meats oi oounsei, i coma noi aia you in
that respect if I'would.
First, and in general, it will be yonr
duty under the.law as I shall lay it down
ascertain from the evidence
8n(J from ,hat aIonCj what fa the tnjth fa
realion to fte charge preferred agninslthe
prisoner in this indiotment ; and that is
. en(J f responsibility. What may
be consequence8 of lhat finding is of
no moment to you. Your responsibility
is commensurate with your duty, and
you charged with crime is innocent,
that ir a correct finding npon the facts as
given in the evidence.
Then to the case; and in the first place
I may say to you that the law, which pre
sumes that every citizen over whom its
protection is extended is worthy of that
protection, assumes that whoever comes
and it is incumbent upon the prosecution
to overcome that presumption so fully
that there shall not be left in your minds
a rational doubt as to the guilt of the par
ty charged, before you will be warranted in
bringing in a. verdict of guilty.
Let us see. what is the offence with
which the prisoner is charged jfqtJf
the time when he was brought before you
he was only charged with an offence, and
the vresumDtion was that he was innocent
wh(ja he caine b(.fore nd it ia
from your verdict that we shall learn
whether that presumption has been over
come by the evidence.
"The section of the law under which he
is charged provides "that if any person or
persons shall administer poison to another,
with intent to destroy or take the life of
the person or persons to whom the same
shall be administered, or to do him, her or
them an injury ; or if poison shall be pre'
arej wjtn the intent aforesaid, and the
game shalj ,aken by arjy person or per.
wtereby an injury to such person
or may De done; the person 01
peraoDS offending, their aidors and
abeltors 8nan be deemed guilty of a mis
hill, demeanort and up0n conviction thereof,
shaU be imprisoned jn the peniteutiary
and kepl al hard jaboi.f not mo(e thanfif.
a . 1 .1
1 teen nor macs uiau wicq jv.ia.,
crative. .You will perceive that there are two
offences embraced in this section, and
the Grand Jury have embraced both claw.
fe by saperale counts in the indictment;
the three last counts being framed upon
the first clause of the statute, and the
four first upon the latter clause.
Then, as you will see by a recurrence
to the indictment which you will have
hefbre you, (and the couits are number
ed so that you will have no difficulty in
referring to them) tha 5th, 6th, and 7th
counts charge the offence in the first clau
se ot the statute in this form, that Rollin
A. Leet, maliciously, four grains ol
strychnine a deadly poison, administered
to Homer M. Leet intending to do him an
injury ; that Homer M. Leet drank it and
was so injured, &c. - That is the subs
tance of the fifth count, and the sixth ia
like unto it with some slight varriation
varying perhaps in this that it charges
that the poison was prepared to injure
hut not lo kill; and the seventhalso is not
greatly dissimilar I need not read them
as you will have the indictment before
Then to establish the crime what is
necessary for the prosecution to satisfy
you of by evidence, before you can con-
vict ttllder ,ne 5:u, 6th, and 7ih counts
ig charged that Rollin A. Leet ma
,owy administered poinon to Homei
M on a certain day, with the in-
tentjon 0f destroying his life aod of inju
all rjng his person. Uncharged to have been
done on 17Ul day 0f August, but the
de- day is jmmaterial ; any time beLre this
idictment was found would be sufficient,
can It j4 neceBSary that the article proved
to be administered should be strychnine,
jjUt qUgnty is immaterial. It
of no consequence whether the quantity
' I were four grauM or half an ounce, aJ-
though the indictment mentions ft certain I
quantity. It must be proved that Rollin
A. Leet administered the poison; but to
do thia U ia nnt nonrv to show that
he administerd it with his own hand. If
procured it to be done, and another
hand actually administered it, it was his
But it is not sufficient to prove that he I
adminutered the poison alone. It must
have been administered with an intention;
the intention to take the life or to injure
the person of Homer M. Leet, the person
to whom it was administered. . Then, to
repeat, to constitute the crime, the de-
fendant must have administered the poi-
and with the intention to destroy the
life or injure the person cf Homer M.
Leet. Now if he did that, he is guily of
the offence charged in these counts of the
but if he has hot done that,
and all of that, he is not guilty.'
I will proceed to the other branch of
the offence; indeed I may say to the
other offence; for there are two offences
The second clans of the statnte makes
it criminal for a person to prepare poison
with the intent to destroy human life or
the bodv of another oerson. if
some other person than the one for whom
it was prepared shall take such poison and
be injured thereby. :
To cover this case, the indictment
found by the Grand Jury, charges that
Rollin A. Leet mixed four grains of strych-
nine in a certain medicine called Hoof-
land's German Bitters, knowing it, the
strychnine, to be a deadly poison, and
intending by it to injnre Homer M. Leet,
and that Elsie A. Leet not knowing it to
ba so prepared, drank it, whereby she
injured; and some of the counts
charge that she died thereby. To con-
stitute this offence it ia necessary for the
to establish certain proposi-
lions. The first is, that the poison was
of the kind named in the indictment, viz:
Strychnine, and that it was pr pared
wiih the intent to destroy the life, or in-
jure the person of Humer M. Leet, and
under the counts which mention the
manner of the preparation, it would be
to show that, but there ai-e
others which do not mention the form
It must be the poison named ; it - must
be prepared, and prepared with the in-
teution charged; and being thus prepared
it must have been taken by the person
named in the indictnent to wit, Elsie A.
Leet ; and she must by means of it have
sustained an injury, or become sick, or
Then how say you under -this branch
of the case, from the evidence. Was
strychnine prepared with the intention
of destroying the life, or of being ad-
to Homer M. Leet for the
purpose of destroying his life, or of do-
ing him an injury? If you cannot find
'hat fact, there is an end of this branch
of the case. But if you find it was thus
prepared, was it then taken by the per-
son named in the indictment, Elsie
Leet? and uext, did she by this means
lose her life? If she did, the crime,
as the lawyers have called it, the "cor-
pus delicti" ha" been shown, and the re-
maining question would be, did Rollin
A. Leet prepare the poison with the in-
tention I have indicated; and if you
satisfied that the poison was thus pre
pared and taken, and that it was pre-
pared by the prisoner, you must return
a verdict of guilty, otherwise you must
find the verdict of not guilty. This,
believe, shows the nature of the offence
you are to try, and what propositions
necessary to be shown by the prosecu-
tion under the iudictment.
We will recur for a few moments.
Having seen what in law it is necessary
to be shown to constitute the crime
which this individual is indicted, it
be your duty to weigh the evidence you
have heard, und determine whether
establishes these propositions. Here
Uourt can give you no turtuer aid than
to enumerate to you the principles of ev
idence which relate thereto.
There are in general, two kinds of
idence positive and circumstantial.
Positive evidence is that which we take
cognizance of by the senses, which
see and hear. hen a wicoess tells
w hat he sees and hears, and takes knowl-
edge of by his seuses, it is denominated
posiiive evidence of such facts ; but
worth of that evidence or r.s credibility
depends upoa the character of the witness
a you learn it from testimony or from
appearance on the stand, upon the oppor-
tunities he may have, had to see
know, upon the accuracy of his recol-
lection as it may be evinced by his man-
ner, and upon circumstances which
the testimony may bring forth.
But many things in relation to
crimes as arc usually committed in
cret, can only beproved circumstantially;
and oiten times as great a degree of
tainty can be arrived at by means
such evidence, as that derived from
ISve evidence. This has already
commented upon ; but you will bear in
the heinousness of the crime, and that
mind that circumstantial evidence really
depends upon positive evidence. ; '
Take the case alluded to in the argu
he ment that of the watch left in a room,
no person there when it was left, one
person seen to enter, no one else near it,
and then when the room was next en-
tered, the watch gone. The point sought
to be established was that the watch was
stolen by that individual. The facta that,
the watch was left in the room, that the
room was empty, that the person was
Men to enter the room and leave it, and
that no other one entered, and that af
son, terward the watch was gone. All these
facts relied upon as circumstances to fas-
ten conviction upon the prisoner charged, '
have to be established by positive evi
indictment, dence. Now suppose any odo of the
chain of facts necessary to eonstatute the.
proof in' the case supposed should fail
to be proven, or that you should be left
ia doubt whether it was proven or not,
then that proof would be good tor nom-;
'njr. The circumstances must De tamo-
lihtd by positive evidence. If the cir-
cumstances are noi esiaousneu. oypui
tive evidence, and so established that
- . .......
you have no rational douDt about mem,
you should lay them aside, and only
consider such as are so proved, and then
putting the proven circumstances ogsth-
er, see if they make a case sufficiently
strong. Again, all the circumstances
relied upon must tend to prove the guilt
of the person charged. They must be
harmonious also. ' A circumstance which
does not tend to prove the guilt of the
person charged, might ga toward prov
ing his innocence it might go far to
was ward overthrowing the circumstances
relied upon. ' Truth, every truth, and
all trutli, is and forever must be harmo
prosecution nious. The circumstances must be bar-
monious, and they must be reconcilable
only upon the hypothesis of the guilt of
When you rely upon, circumstantial
evidence, ( and you have to rely upon it
mainly to prove all the propositions which
you must establish before you can pro
necessary nounce the prisoner guilty,) you .must
first examine the evidence, and see if the
circumstances are proven, and if proven,"
whether they point to the guilt of the
party charged, whether they are harmo-
nious, and whether they can ba recon-
ciled with any other hypothesis than that
of his guilt. . If they can be reconciled
with any other hypothesis, that perchance
may be the very hypothesis which is the
true one. And suoh is the humanity of
our law that it will not suffer any person
to be punished unless' the circumstances
are not reconcilable with any other by
ministered pot besis than that of the party's guilt. It
is better that many guilty should go un-
punished than that one innocent person
should suffer. Suppose in the case of
the watch, that two persons were seen to
enter the room, and one was charged,
A. would not the circumstances be consistent
with the hypothesis that the other was
or the guilty person?
One more proposition must obtain.
The circumstances must not only point
toward the guilt of the party, be harnio-
nious, and reconcilable only with the hy-
pothesis of his guilt, but they must be.
sides be tuMcient to establish his guilt.
If they are not ittrficient to establish in
your mind that he is guilty, you ought
w acquit. This is, however, very near,
I y like another rule I have given, for if
Uot sufficient to prove his guilt, they will
are be reconcilable with the hypothesis of
These are the general propositions by
which you must judge the evidence.
You will see that when a conviction ia
for obtained upon such principles, the Court,
will the Jury and the community will be as
certain of the guilt of the criminal aa if
i it were proven by positive evidence,
the 1 wiu not further allude to these pria-
cipie3 tnaa ,0 ,ay tbat they are applica-
ble to all the circumstances relied upon
and if, when you apply these rules to the
evidence under either of these offences,
you find that any one of the propositions
given as necessary to be proven in order
we to constitute the crime is not proven, you
snouu acquit the prisoner, either upon
tlle firet offence or the second. And here
it ,nay not inappropriate again to enu-
the merate the propositions to be established.
UnJer tne 5lu 6th, and 7th counts it
must j)r0Ven that Rollin A. Leet ad-
his mini8tered poison, aud the kind of poison
mentioned in the indicUnent, to Homer
and Leet, with the intention of injuring
nim or 0f killing him.
Under the others, that Rollin A. Leet
prepared poisju with the intention of ad-
miuistering it to Homer M. Leet for the
such purpose of injuring him, and lhat that
se- poison was 'taken by Elsie A. Leet, and
that by reason of her taking this poison,
cer- not knowing it to be such, she became
of sick, or was injured, or died.
pos-1 - I have been requested to state to you,
been that in proving the cfece what has been
called the "corpus' ttWirff," a degree of
evidence is required commensurate with '
the administration of the poison must',
nave oeen with the intention of doine th ,
injury charged, in the one case, and in "
the other that it was prepared with this
intention. . : . .
If you will recur to' the :DrineiriW I ;.
have triveo. von win ti,., n i; ";. .
embraced in them.7. For of eonrse. the I
more heinous a crime is, the more re- :
pugnant it is to our nature to believe that
it has been committed : but this does not '
change the rule. I have said there must
be sufficient evidence to establish the fact,
and when established beyond the exist
ence of a doubt; it ia the Jury's duty to
nna it so, n matter how heinous it is. . J
I do not know as it ia necessary for '
me to say anything more to you ia general
al upon the nature of thvlaw applicable
tothia case, only to admoufah you to look -
well to it in all its several parts.;.
rerbaps I Ought for the purpose of il
lustration to refer again to the first charge
on that of administering poison to Homer .
M. Leet. It is claimed by the prosecu-,
tion that they have proven this. . On the
other hand the defendant by his counsel '
claims that beside having shown that the '
prosecution have failed to establish this, .
they have shown that the symptoms off
Homer M. Leet may. be accounted for in
another way. . Now, if when yoa come !
to compare the evidence bpon this point, 5
when you inquire ' whether Homer
Leet had really taken strychnine, k will i
be your duty carefully Ux scrutinize the
evidence. . I only speak of this to illas-j
trate what will be your duty in every j
other part of the case, and if it should T
turn out that you have strong suspicions
that it was strychnine he was laboring i
under in those days of August or that
that was the occasion of bis malady, yet,
it the evidence on the other band is such ;
as to give you an equal suspicion tbat it I
was disease and not poison which affected
him, it will then be your duty further to'
consider air the other circumstances ia
the case, and see if they are reconcilable ; '
upon no other hypothesis than that it was
strychnine he was suffering from. I :
there such evidence lo show that it had
been administered to him as to support,
tuJictenOyWier Idea .that" IT really was ,
strychnine? If it may , be explained to '
your minds lhat all these symptoms could ''
be consistent with some other hypothesis;1
it will be your duty to reconcile thorn,'
So as , to the intention with which it.'
was administered you should be thor-1
oughly satisfied of that. If you shall",
be satisfied that Homer M. Leet had', in j
fact taken strychnine . as charged, that ,
it had been administered to him by some I
one, or if upon the other offence, Elsie 1
A. Leet takes the strychnine, it will i
not be sufficient for you to inquire who if. .
was that did administer or prepare it, but ,
you are confined to the inquiry whether
you can say that Hollin A. Leet was the 1
person who administered or prepared it,
as the case may be. It will not do to say
if it must be fastened upon tome one, it :
may as well be upon one as another -
Yoa have no such task. .The question
is, if the crime was committed did Rollin
A. Leet commit it. If the evidence does ,
not convicf him, be should be acquitted -he
may be innocent, and then the prcpo
sition would be that any other innocent
person may as well be convicted as he, ' '
But while I make these remarks, if ,
you shall find lhat all the circumstances 1
go to show that Rollin A. Leet is the ,;
guilty persou, it will be your duty so to '
say. .: :
The law is such that the crime must ,
be established and must be brought home j
to the prisoner so as to leave no reasonable : 1
doubt m your mind. --"
That I may not be misunderstood npon "
this I will say, this rule does not mean ''9
that you shall have no doubt at all. but ;
lhat you shall have no rational doubt upon
the truth of the given propositions, and "
therefore upon the guilt of the party ' (
charged. It means that you shall arrive
at so great a degree of certainty that af- .
ter examining all the evidence, and weigh- '
ing both that on the part of the prosecu "
tion and that on the part of the defence,
you have no longer reasooablf . doubt,
or uncertainties. If then the evidence
leaves on your mind such an uncertainty -as
to whether the crime has been commit
ted or whether Rollin A. Leet has com- '.
milted it, you should acquit. It does not ,
mean if you have a doubt that is got up
upon mere speculative conclusions, but it ; j
means a reasonable doubt. If you come
to such a degree of certainty as I have
referred to you should bring in a verdict
of guilty ; if you have such doubts, you
should acquit, '
Under this indictment, gentlemen, there , ,
are seven counts. . It will be necessary
for you to pass upon each of these counts.
If you should find the defendant guilty '
on all you should return a generaerdict -of
Guilty; if not guilty on all, you should, .
return a general verdict of Iot guilty, .
If you find him guilty upon some of tbg