"If you believe from the evidence that he was murdered and that these men killed him, as charged in the indictment, then the question is settled. Then you have the law as to murder to govern you, and you are the judges of the law and the evidence; and if you find that these defendants killed him, and that he was murdered, then the statute fixes the punishment, or leaves it to you to fix the punishment. That is the law in the case, except what you may get from his honor on the bench. I apprehend that the learned counsel for the defense will not contest the fact, if it is proven that Dr. Cronin was killed, as we have charged--that he was stricken to death, as we can prove--I don't apprehend that they will contend then it was any other homicide than that of murder. So you will have that question to settle. If we prove that Dr. Cronin was killed as we allege he was killed, there will be no question as to whether it was murder or manslaughter; it will be admitted by the learned counsel for the defense that it was murder or nothing. THE EVIDENCE MAINLY CIRCUMSTANTIAL. "Now, gentlemen, this is the issue that you are to try. His honor from the bench has pronounced every one of you a qualified juror in the case; and as now we approach the evidence, I desire to call your attention to something that was talked of a great deal while we were selecting this jury. You have by this time learned that most of the evidence of the case will be that of a circumstantial character. There are two kinds of evidence, as you have learned--circumstantial and direct evidence--and yet, after all, nearly all evidence is circumstantial. You may not have read it, but any lawyer at the bar will remember reading of the incidents or illustrations by Wharton and other writers, in which they say that nearly all evidence is circumstantial. Even if you are looking at a man holding a pistol, and see him fire it at another, and see the man drop--that is all circumstantial. You see the man holding the pistol; you hear the report; you see the other man drop, and you are satisfied that he is shot, and yet you don't see what killed him. The bullet is found in his brain; you saw the man pointing the pistol, and these are the circumstances of that case, although you saw the acts that brought about the circumstances which led you to believe he was killed by the bullet. That is one way of illustrating circumstantial evidence." Here the State's attorney gave another illustration on the same line, and proceeded: "That is circumstantial evidence. Circumstances are truths. Nearly every case that comes into court rests almost exclusively upon circumstantial evidence. Of course, there is direct evidence making up the circumstances, but after all, the crime itself, the act