Select Speeches of Daniel Webster, 1817-1845Webster, Daniel
General
Select Speeches of Daniel Webster, 1817-1845
Webster, Daniel
Speeches, addresses, etc., American
These are the circumstances which tend to raise doubts of the truth of
the prosecutor's relation. It is for the jury to say, whether it would
be safe to convict any man for this robbery until these doubts shall be
cleared up. No doubt they are to judge him candidly; but they are not
to make every thing yield to a regard to his reputation, or a desire to
vindicate him from the suspicion of a fraudulent prosecution.
He stands like other witnesses, except that he is a very interested
witness; and he must hope for credit, if at all, from the consistency
and general probability of the facts to which he testifies. The jury
will not convict the prisoners to save the prosecutor from disgrace. He
has had every opportunity of making out his case. If any person in the
State could have corroborated any part of his story, that person he
could have produced. He has had the benefit of full time, and good
counsel, and of the Commonwealth's process, to bring in his witnesses.
More than all, he has had an opportunity of telling his own story, with
the simplicity that belongs to truth, if it were true, and the
frankness and earnestness of an honest man, if he be such. It is for
the jury to say, under their oaths, how he has acquitted himself in
these particulars, and whether he has left their minds free from doubt
as to the truth of his narration.
But if Goodridge were really robbed, is there satisfactory evidence
that the defendants had a hand in the commission of this offence? The
evidence relied on is the finding of the money in their house. It
appears that these defendants lived together, and, with a sister,
constituted one family. Their father lived in another part of the same
house, and with his wife constituted another and distinct family. In
this house, some six weeks after the robbery, the prosecutor made a
search; and the result has been stated by the witnesses. Now, if the
money had been passed or used by the defendants it might have been
conclusive. If found about their persons, it might have been very
strong proof. But, under the circumstances of this case, the mere
finding of money in their house, and that only in places where the
prosecutor had previously been, is no evidence at all. With respect to
the gold pieces, it is certainly true that they were found in
Goodridge's track. They were found only where he had been, and might
have put them.
Public-domain text, read in full here on John Shaqi.
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