“The prosecution relies, in a great degree, on the proof that will be
offered in connection with this piece of money, to establish the guilt
of the prisoner. We are aware that, when this piece of money was found
on her person, she affirmed it was hers; that she had been possessed of
_two_ such pieces, and that the one seen in Mrs. Goodwin’s stocking had
been a present from herself to that unfortunate woman.
“Gentlemen, if persons accused of crimes could vindicate themselves by
their own naked statements, there would be very few convictions. Reason
tells us that proof must be met by proof. Assertions will not be
received, as against the accused, nor will they be taken in her favour.
Your own good sense will tell you, gentlemen, that if it be shown that
Dorothy Goodwin possessed this particular piece of gold, valued it
highly, and was in the practice of hoarding all the gold she could lay
her hands on lawfully; that the said Dorothy Goodwin’s residence was
burned, she herself murdered by a savage and cruel blow or blows on the
occiput, or head; that Mary Monson, the prisoner at the bar, knew of the
existence of this little stock of gold coins, had seen it, handled it,
and doubtless _coveted_ it; residing in the same house, with easy access
to the bedside of the unhappy couple, with easy access to the bureau, to
the keys which opened that bureau, for its drawers were found locked,
just as Mrs. Goodwin was in the habit of leaving them;—but, gentlemen,
if all this be shown to you, and we then trace the aforesaid piece or
coin to the pocket of Mary Monson, we make out a _prima facie_ case of
guilt, as I conceive; a case that will throw on her the _onus_ of
showing that she came in possession of the said piece of coin lawfully,
and by no improper means. Failing of this, your duty will be plain.
“It is incumbent on the prosecution to make out its case, either by
direct proof, on the oaths of credible witnesses, or by such
circumstances as shall leave no doubt in your minds of the guilt of the
accused. It is also incumbent that we show that the crimes, of which the
prisoner is accused, have been committed, and committed by her.
Public-domain text, read in full here on John Shaqi.
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