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TRIAL OF JOHN W. WEBSTER. 31"!
for and against a prisoner is nearly balanced,.in which a good character
would be very important to a man's defence. A stranger, for instance
may be placed under circumstances tending to render him suspected of
larceny or other lesser crime. He may show, that, notwithstanding
these suspicious circumstances, he is esteemed to be of perfectly good
character for, honesty in the community where he is known; and that
may be sufficient to exonerate him. But where it is a question of great
and atrocious criminality, the commission of the act is so unusual, so out
of the ordinary course of things and beyond common experience,-it is
so manifest that the offence, if perpetrated, must have been influenced
by motives not frequently operating upon the human mind,-that evi-
dence of character, and of a man's habitual conduct under common cir-
cumstances, must be considered far inferior to what it is in the instance
of accusations of a lower grade. Against facts strongly proved, good
character cannot avail. It is therefore in smaller offences, in such as
relate to the actions of daily and common life, as when one is charged
with pilfering and stealing, that evidence of a high character for hon-
esty would satisfy a jury that he would not be likely to yield to such
a temptation. In such case, where the evidence is doubtful, proof of
character may be given with good effect.
But still, even with regard to the higher crimes, testimony of good
character, though of less avail, is competent evidence to the jury, and a
species of evidence which the accused has a right to offer. But it
behooves one charged with an atrocious crime like this of murder to
prove a high character, and, by strong evidence, to make it counter-
balance a strong amount of proof on the part of the prosecution. It
is the privilege of the accused to put his character in issue or not. If
he does, and offers evidence of good character, then the prosecution may
give evidence to rebut and counteract it. But it is not competent for
the Government to give in proof the bad character of the defendant,
unless he first opens that line of inquiry by evidence of good character.
Gentlemen, I am sensible that there are so many facts and such a
mass of evidence here, that it is quite impossible that many things
should not be omitted. I shall feel rejoiced if I have stated such of
the main considerations in this caste as shall enable you to come to a
true and just conclusion. Many things press upon my mind which I
intended to mention; but I am not aware that they are essential, and
I think I have taken as much time as I ought to take.
Gentlemen, we finally commit this case to your serious considera-
tion. Weigh it under all the rules of law we have endeavored to explain.
You have been called upon and set apart for this high duty, conform-
ably to the laws. First, the names of those only are placed in the jury-
box, who are thought best qualified by capacity and experience to judge
between their fellows. Then, a large number were drawn by lot for this
special service. From these you have been selected, under circum-
stances best calculated to constitute a tribunal,-in the language of the
declaration of rights,-"as free, impartial, and independent, as the lot of
humanity will admit."
And, Gentlemen, when it is said that we may err, it is true. But
it is nothing more than to say that we are human. On a subject where
absolute certainty cannot be obtained, where moral certainty must gov-
ern, it is always possible to fall into error. All that we can hope to do,-
you in your department, and we in ours,- is conscientiously to exer-
cise the best powers of our minds; to give all the weight to the evidence
which it deserves, and no more; and to weigh carefully and impartially
that presented on both sides. Then, though we may come to a result
which some future event may show to have been erroneous, much as
we shall regret it, yet a consciousness of having done our duty will
sustain us.
I commend this cause to your most careful consideration. Take suffi-
cient time; weigh the evidence; and give such a verdict as' will satisfy
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