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en, the prosecution's case is rendered so fragile that the gentlest breath of a zephyr must blow each separate link to a different quarter of the globe. Now, that is what I shall endeavor to demonstrate; that, from the chief facts claimed by the prosecution, you may deduce innocence rather than guilt. "First, we have the accuser, Dr. Meredith. He aids the prosecution's claim of poison by relating the symptoms of poisoning, which he says he observed before death. Now, even granting that this is a true statement of facts, observed by an unprejudiced mind,--of which, gentlemen, you can readily judge, when you recall the abundant testimony as to an existing animosity,--but, even granting its absolute truth, what does it show? Simply that morphine had been administered, in a dose large enough to have produced _ante-mortem_ evidences of its presence. But what of that? Does it show that the drug was administered by any particular person? By Dr. Medjora, as the prosecution have claimed? If so then I am ignorant, and ill informed as to all the rules of logic. It shows that morphine was present, and it shows no more, and no less. Now that fact we freely admit. The Doctor himself told you how the drug was taken, and there has been nothing whatever offered, that even tends to disprove his assertion. Thus, as his testimony is all that we have upon the subject, and as it has been unimpeached, you are bound to accept it as the only evidence available. I may also remind you at this point, that in this country, where the God-given liberty of one man is as much cherished as that of the whole people, a man is to be considered innocent until after he has been adjudged guilty. He therefore goes upon the witness stand, as unsullied as any other witness, and his evidence is entitled to the same credence. I may also interject a momentary remark as to the difference between juridical and common judgment. You may see a man commit a crime and if accepted upon the jury which tries him, although you know that he is guilty, you are bound to bring him in innocent, unless the evidence introduced against him proves his guilt, entirely aside from your own prejudices or prejudgment. You must give a juridical opinion only. So that if you have imbibed any prejudices against Dr. Medjora,--which is scarcely probable, for he must have impressed you as favorably as he has every one else who has seen him in court,--but if so, you are to set that all aside, and
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