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THE TUPLIN TRAGEDY,

Trial of William Millman.

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HR. HOLGSOWS ADDRESS

On Behalf of the Prisoner.

A BRILLIANT EFFORT.

TT

THE COURT ROOM CROWDED.

Iutens? Inter st in tho Proceeding’.

(Stenographic Report by Mr. Oxenham.)

Tuvrspay, Feb. 2

Derive the delivery of Mr. Hodgson's address in defence of Millman, the cuurt- room was literally packed with spectators, and intense intere-t and sympathy were aroused by the eloquence of the counsel At the conelusion of the appeal, the air was rent with the applause of the audience. We have space tu day fos only the tirst section of the address:

May it Puease Your Loxpsarr snob GexrcLemen oF THe JURY : ~- Three cays ag Ll addressed a few words to you in opening the case for the prisoner, but my remarks upon that vecasion were short, as [ lad a restriction upon wyself that I would in no way Comment upon the case in its various asovets, but would contine myself to a bare recital of tue facts | intended to prove, ani that in closing the case | would euter more fully into the whule matier. The time to redeem that promise has now come. The hour of the diy for my ed lress proves some- what inconvenient, as I shall be compelled to divide that address into two portions on aseouat of the recess. I will try, however, to step at sach a portion of it that when | resime in the afternoon I shall be placed at no disadvantage. Herel may say that there is nomen to whom this time has come with greater pleasure than the prison eratthe bar. For over six months he has been :ncarcerated in his cell,

CHARGED WITH THE CRIME OF MURDER, aud now claims an acquittal at your hands. Ramer has been busy with its tongue, and scandal has been busy with many exaggerations in the press, on the street and on the ruadside. You, in your

present positiou, will, of course, tourges all this, and in the language

of the ath you have taken, will try the prisoner, not according to the aspersions sought to be cast upon him, but neccording to the evidence brought before you, and that alone. In the management of this case I freely admit that the crown law officers have not unduly pressed, by actor statement, against the prisoner at the bar, and the latter has no fault to find with tnem. Of course we have had om contests, having to cross awords and fight with intellectual rapiers. That must neces- sarily bethe case. But the whole case has been managed without any undue pressure. We have had « fair and impartial trial, and my vlieut lovks forward with great confi- dence tu an , ACQUITTAL AT YOUR HANDS.

He comes in here expecting frem you that justice tv which he is entitled. The law dves not permit him tv say one worl or, by his own evidence, t» explam a single matter, or to throw light upon a single point however impor- tant to hia it may Le. He is compelled to remain silent from first to last. He may hear people swearing against him, and mak. ing statements which he knows and feels tu be false, while he, the most interested per- son in court, cau say nothing. Such is the law, and we must deal with the case as We find it. Nobudy else c.n have any preper cenceptivn of the position of the prisoner atthe bar except himself,—the man most concerael inthe case before the court. I stand between him and you, just as you stand between him and his lite and desth. Waen you were aworn in as jury- men, each of you were directed to look upon the prisouer at the bar, and he to look upon each of you. , You were then told that you had tu

STAND BETWEEN HIM AND HIS LIFE AND DEATH.

So 1 now stand between him and you On my efforts depend the illustrstion of ali the facts and circumstances bearing upen the case against the prisoner, and auy for- yetfulness on my part may bring disastrous consequouces to him. No iman, except one m the position of my client, knows what it is to be compelled to be contin

THE DAILY EXAMI

and the yolden bowl is broken they never can be mended again. .By. the Goapel of | Gud whieh was pressed tin your hands, aud which was pressdd to your lips, you swore to declare your verdict ‘*according to the evidence” ; and upon threat oath of yours I rest with great contidence, believing, as I do, that it is the strong, bright chain which binds the integrity of man tv the Throne f Eternal Justice. I know that in the examination of this case we shall have the wost minute examination ef all the evi- dence submitted, and thet you will listen to every suggestion, every plea, and every consideration in. behalf of the prisoner ; and that before being called upon to send forth your fiat, you will take into con- sideration the liability of man te errors and mistaken conclusions. These few re- warks wiil present to your minds, to a certain extent, the position we occupy ™ the present case. A few minutes more and my voice will become silent, nv more to be heard in behalf of my client. After you hove heard the address of the Attorney General, the whole of the responsibility will rest upon your shoulders,—a respon- sibility from which must men would shrink. i freely admit, what no man of sense will deny, namely, THAT A VERY FOUL MURDER HAS BEEN COMMITTED, . ind that, underthe most revolting circum- tances; a human life has been taken, sud a soul sent te its God with all its wns upon it. 1 do not seek tu cover up any of the enormity of this crime, and { am sure there is nebody in this Court who has not felt deep sympathy with those who have been bereaved, and whose trial has been s» heavy and so great. I earnestly hope that nothing I have said, or that | may say, may seem unfeeling or unkind to the father and mother of the girl who is Jead. Nothing that has been said or done “nm prevent me from feeling the deepest syinpathy for them, for the great sorrow in which -hey have been placed. But we must teke care that a victim must not be chosen merely because he is found placed under what may be deemed to be suspicious circumstances. We must put aside all personal considerations and coo'ly and calmly inquire into this matter. We must deal with it just as a surgeon would with a wound or sure, ia order to find out all the facts, so far as the prisoner is con- cerned. We must put aside all sympathy for the family of the prisoner and for the family of the murdered girl, and must not allow anything to come between our vision and ‘the facts placed beforeus. | must place before you this matter at some length, in order to lay down some principles to which I must invite your consideration. | shall lay before you the line ,of argument which will lead to one and

ONLY ONE CONCLUSION.

We are here not tu ascertain who murdered Mary Tuplin, but to ind whether or not ihe prisoner at the bar did so. Does the evidence produced exclude the possibility of his innocence ? When counseljaddresses you, perhaps youmay think he is only endeavoring to shield his client ; but whea I lay down any principle of law, I shall take care that I state it cor- rectly, aad that it will be by you respected accordingly. To mislead in such a case would be unpardonable on my part. When I speak of any principle of law, I will not use my own words, but will use the cool, calm words of judges sitting on the Bench, with their robes of office upon them. I will place these before you as tne guide of your conduct, as the rule by which you must measure this case. L cannet do better than use the words of Mr. Justice Peters, uttered a few days ago, when a case was being tried. The jury were told that as the penalty was a heavy one, they

MUST FEEL QUITE SURE OF THE GUILT OF

THE PARTIES,

and that before they could convict on circumstantial evidence, that evidence must be so clear as. to leave no reasonable doubt as to the prisoner's guilt Suspicions, however strong, will not be sufficient to warrant a conviction. There must bo no “ifs” and ‘‘ands” in the question. That was the language of Lord

| Denman, one of the most eminent judges

in England, now deceased, and is always quoted in fria's of this kind. I will now read a quotation from Phillips, on evidence. It is as follows:

| T beg here to dwell, a little more minute-

ly, on the hardship of requiring a prisoner to controvert a train «+f circwnstantial evidence. For, how cun « prisoner, altogether innocent of the charg, controvert circuinstances, or an }account of events, with which he is unac- | quainted. ‘mission of a crime, at @. period long anterior | to the trial, if innocent, and at a distanee ‘from the place at the time of its occurrence, | can enly establish his inuo-ence by one of two | methods:—tirst, by showing a contradiction ia

| the circumstances of the proof itself; or,

secondly, by establishing an alibi,—that is, by showing that he was at a diflerent place at the time, In regard to the tirat mode of re-

} . *s . . ually | fucing the charge: if he is ignorant of the

el tw oy » the ‘ ” . sg : mi the custody of the officers of the law. | facts, ifiie ig unaccustomed to the nature of

He can do nothing and say nothing, ex- cept in their presence. Great as is the re- sponsibility which rests upon me, iw it rests. upon you as jurymen ? nas given to each of us life, and He has the power to take it away. Civilized

society has, in the present case, committed |

to you this prerogative of the Almighty te take away human life—the prison- ex's life has been placed in your hands. You have the power to say the word which, being interpreted, means that this man shall die. You have been sworn in the most sv cium manner to do him justice,

aud you have been precluded from) ancy com nuunicution with others which may ' vifluence you in any direction. It. is!

expected that you shall osar upon this case al] the prudence aad judgment you possess ing tw a decision as to whether this man shall livo or die. J know that you will feel this great responsibility. In tine cases out of ten any injury done to another person can be rectitied : but if you make a mistake in dealing with the prisoner at the bar, your mistake

jin reference to such matters as this.

in wit e , com-| support the claims of the prosecution. '

i

| legal argament, he» may not easily confute the

, chain of circumstances, A premeditated

what | story is always made up so as to bear the ap- when cvmpared with that which | pearance of consistency. God | probable falsehood rather than a singular

i

Men will believe a

wath ; and, in regard to the proof of an alibi, if the prisoner does not happen to recollect the day, orcannot, perhaps, recall to mind where he chanced to be on that day, he is left without a defence. The proof of a negative

is always ditiicult, often jnpossible,”

Now, gentlemen, that explains in language very clear what the principle of che law is Com- paratively speaking, | have not much to say

respecting must of the evidence produced |

in this case. There is a vast amount of it

| which it is not my intention to dispute. bilan to | Czcumstancial evidence is like a chain, | nade link by link, all fitted together, and

'

?

the whole must be strong enough to

There must be no reasonable doubt abvut any portion of it.. I will now quote from

‘the case of Regina vs. White, where it is | laid down by Baron Martin that,—

‘Tm a crim‘nal case the jury, in order to conv.¢;, ought to be satisfied that by the evi-

is irrevocable, for you cannot go to hig! S¢¥c?s affirmatively, os a conviction created

grave and recall him tolife—you cannot place

him once more in his mother’s arms. Ton

work will have been done, and that for-

ever. There will, in such a case. be no

hope thatthe *

BROKEN HEARTS OF HIS PARENTS AND BROTHERS AND SISfERS

can be healed or made whole. Great is

7B is A Sa SN AT alia is” WR aC SPT RS at

,ia their minds beyond all reasonable doubt

{that the guilt of the prisoner is established,

aud, if there is only an impression of proba-

i bility, they ought to acyuit him.” °

i ‘Gurney, B. (one of the ablest and most ex- pevienced criminal judges who ever sat in eur courts), concluded his elaborate and careful suuim nz up in these terms :

A maa, charged with the com...

Bat in the case of Belaney, in whieh j

es + ft} 4 ede i x uw?

e.g ene &

aa j lif you think it has left ‘you in doubt, so that you cannot safely convict, you will remember thot it is better that many guilty men should escape than that one ionovent man should | perish. Do not fesr to give It to him ; for re- | meinber, at the worst, a guilty man esetpes, and you are not guilty Of a judicial murder, us you will be if you convict an innocent man wrongly ; for you have no excuse for so d yiuYy; since the law says that the acensed is en titled to the benefit of a doubt. So thot, if you convict while there is any rationa! doubt, you act in defiance of a well-kaown rule of jaw, and may commit that foulest of all en- ormities--a murder under co'or of law; where as, if you err in an acquittal, the worst that can be said is, that human justice has mis- eirried—at least it has not committed a cime. In the one case a marder merely passes, for the present, unpunished ; in the other the most horrible of murders is com- mitted.” ;

This, it is conceived, is at, once the reason of the rule, and also its only offec- tive and practical expression, and to dispute the practical expression of a rule is prc- tically to destroy it. It-is closely con- nected with another view, for which there is also the sanction of the highest author- ity—that the quantity of proof or degree of certainty eugit to be higher in cases of felony, especially in cases of capitu! telon- ies, than in civil cases, In ancient times all felonies were capital ; and the rule ap- plied to all,

It is better that ten guilty men should escape than that one innocent man should suffer. Such was the language of Baron Gurney. It means, when applied to a case of this kind, that yoa must have the high- est possible degree of proof, A case bear- ing oa this .point was tried not long ago. It was as follows :—

It is not enough to say that all the facts wre consistent with the prisoner's guilt We must ask if they are all consistent with lis innocence? The question is not as to whether you think it poasible that Millman committed this crime. That is not sufficient. You must — consider whether it is within the boun ts of reason ible doubt as to whether the prisoner at the bar did the deed? Looking at the time, as given by the various witnesses, is it within the bounds of reasonable doubt? One man gives the time at which the first shot was fired at one hour, and another man at an- other hour. When you put these conflict- ing statements together,‘and even come to a conciysion upon them, the question arises ° is it net consistent with the prisoner's iuno- cence that he has no connection whatever with this crime? Your verdict will be in accordance with your oath. If you

PRONOUNCE HIM GUILTY

it must only be because it is not possible to tind him innocent of the crime with which he is charged. It is with such considera- tious in your minds that you mast deal with this case. I shail now read to you some dicta of Judges of England, who have been the sages of the profession of the law. In their words I shall put before you the line of conduct which you must adopt, and the principles upon which you must act in coming to a verdict in this case’ What are the strongest and most conclusite evidence that a statement given by a witness is a fact? Would they not be that the mau who made that statement is a ‘truthful and reliable man. In sucha case you have no doubt whatever that the wituess is speak- ing the truth, and that his évidence 1s en- titled to full crelence. In dealieg with this case you could only find the prisoner guilty on the best and highest kind ‘ef evi- dence you cin fiad. Even eireumstantial evidence must create as great a ceriaimty in your minds as if you knew that the ‘man committed the crime. It must be of such a nature 23.0 lead to a certainty on your part, amounting to the exclusion’ of all rea- jsonable doubt. There is no degrees of cer- tsinty on the part of a witness as to the testimony whice he gives. He must be convince in his own mind or his ev dence is woith'ess. Iwill read to you what a learned author says upon this point :—

**Qathe other hand, a juror ought not to condemn unless the evidence exclude from his miad ali reasonable doubt; as to the guiit of the accused, and, as has been we!l obseived, unless ha be sv convinced by the evidence that he would ventureto act upon that convic- tion iu matters of the highesc cmcern and importance to his own interes); and in no case, as it s*ems, onght the force of ci:coum- stuntial evidence sath ient to warrant a con- vietion, ta be inferior to that which is de- rived from the testimony of a single witness, the lowest degree of direct evidence.”

Now, gentlemen, you cannot be asked to bring ina verdict of guilty aginst the prisoner at the bar unless the evidence comes up tothe standard which the law requires. It might be that suspicion so broods over aman thatinu your heart of hearts you. thought he had committed a crime. You must divest yourselves of all suspicion in the case now befure you. When you take upon yourselyes to uge the prerogative of Almighty God in reference to this man’s life,

YOU MUST BE GOVERNED BNTIRELY BY THE EVIDENCE brought before you, more especially that portion ef it which you know is of an entirely reliable nature. Unless this man in the dock is declared by you to be inno- cent of the crime laid to his charge, he will be sent to the executioner, his life will be taken from him, and he will be re- turned to his family a blackened and lifeless corpse. In dealing with this case you must not bring in a verdict agiinst the prisoner unless you have no doubt in your

Nan,

minds that he has committed the crime with which he has been charged. You! must not have any doubt as to whether you | are mistaken in your verdict. That is the | ground you must take,

ALL DOUSY OF THE PRISONER’s GUILT MUST

BE REMOVED

before you can bring in a verdict against him. If you have’ any doubt you must declare him to be innocent. 1 will now read a quotation from Tayior in reference to this point :—

‘“* But, admitting that the facts sworn to are satisfactorily proved, a further, and a highly difficult duty still remains for the jury to} perform. They must decide, not whether these facts ar: consistent with the prisoner's | guilt, but whether they are inconsistent with any rational conclueion; for it ia only on this last hypothesis that they cau safely con-—

Vict the accused. i

It has been said that circumstances never lie. This is an expression used by all Juiges onthe Bench. This principie will loubt'ess be terted upon you by the prose- cution. Taylor says :—

** ‘inch bas “been said and written respect-

Fas oe 34

versy seems to have arisen from a “wiiga ppre- hension of the real nature and object of | testimony, and can moreover lemi to ne

practical end, it is not here intende:l to enter into the lists further than to observ’, that one

argument urged in favor of cir umstantial evidence is palpsbly erroncous. *, Witnesses may lie, but circumstances cannot, ’ has been more than once repeated from the bench, and is now almost received as a judicial axiom, Yet certainly no proposition can be more fulse or dangerous than this, If ‘civeum- stances’ mean,—and they can. have no other meaning,—those facts which lead to the inference of the fact in issne, they not only can, but constantly do lie ; or, in ot-rer words, the conclusion deduced from them is often false,”

When the viper fastened on St. Paul's hand, the barbarians said : ** No doubt this man is a murderer.” Nevertheless he was perfectly innucent. There never was ¢ greater fallacy in the world than the state- iment that circumstances never lie. Cuir- cumstances seldum point or lead to sus- picions in reference to persons who are entirely innocent, and upon which they apa, convicted, Upon the authorities \jpisd quoted I will lay down this principe 3 First, that the evidence upon which a véer- dict of guilty is rendered must be of such a pature a8 to leave no doubt whatever as to the guilt of the prisoner. Although a man wearing this or that kind of coat may have beon seen ata certaintime ina certain place, and although Cousins’ boat may have crossed the river at six or seven o'clock on the 28ch June last, it is quite posible that the person then seen

DID NOT COMMIL THIS FOUL ACT.

[ am quite positive of this, that there will be nu dispute as to the law that [ have laid down ou this point. I have read to you from the highest authorities on law, «and when His Lordship the Judge lays down the law you will find that it will agree with what I have stated. In opening the case Mr. Peters stated that the crime, if not committed in Queen’s County, was com- mitted within a mile on the Prince County side of the Cuunty line, and. that the statute makes provision that in the latter event a case can be tried in either of the counties. Now, Lam not going to say one word on this point, and yeu ueed not give yourselves any trouble about it. No doubt His Lordship will show you : abundant evidence to show you that the +rime was committed within one mile of the line between Queen's and Prince Counties, and that the ease can, under the statute, be tried in Qucen’s Cousty. It is therefore ouly left tu you to find whether or not the facts are consistent with the prisoner's guilt or with his innocence. As the hour fur recess has now arrived, I would prefer, if His Lordship pleases, to stop at this stage .of my address, and conclude in the afternoon.

Court took recess.

~

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