337 Sheet – American State Trials 1918 Volume X Leo Frank Document

Search for:

Reading Time: 3 minutes [353 words]

Here is the translated text as follows:

LEO M. FRANE. 305

Circumstantial evidence can be as reliable as direct evidence. Eminent authorities have shown that in many cases, circumstantial evidence is more certain than direct evidence. A conviction can be established more effectively by a large number of witnesses providing circumstantial evidence and incidents pointing to guilt than by the testimony of a few witnesses who may have been eyewitnesses to the actual deed.

In this case, we have both circumstantial evidence and an admission. With reasonable doubt as a basis, the evidence shows such consistency that a reasonable conclusion is all that is needed.

The concept of reasonable doubt originated long ago when the accused was not allowed to be represented by counsel to defend themselves. Over time, the reasonable doubt standard will likely be phased out. Our society is continually improving in this regard. The state is handicapped in various ways by the reasonable doubt proposition and often has to prove a person's guilt beyond a shadow of a doubt before a conviction can result.

You cannot reach a verdict by mathematics, but you can achieve it through moral certainty.

Some people claim that they will not convict based on circumstantial evidence. This notion is baseless. Authorities have demonstrated that circumstantial evidence is often the best evidence available. People are becoming more accepting of this fact, yet juries are often hesitant on this point. However, juries should not hesitate due to a lack of positive evidence. The almost unerring indication of circumstantial evidence should be the controlling factor. Otherwise, society is exposed to the freedom to commit all sorts of the most horrible crimes. Circumstances that merely suggest guilt are not sufficient as the basis for a conviction, but when the evidence is consistent with all the facts in the case, only a conviction can result.

Now, let's examine the question of good character. I grant you, good character carries significant weight, but first, let's establish the facts.

Mr. Dorey here told the graphic story of how W. H. T. Durrant, upon circumstantial evidence, was convicted of the murder of Blanche Lamont in Emmanuel Baptist Church in San Francisco.