umstances, great
part of the evidence must rest upon presumption, in which the law
makes a distinction. A slight or probable presumption only has little
or no weight, but a violent presumption amounts in law to full proof,
that is, where circumstances speak so strongly that to suppose the
contrary would be absurd. I mention this to you that you may fix your
attention on the several circumstances that have been laid before you,
and consider whether you can collect from them such a presumption as
the law calls a violent presumption, and from which you must conclude
the prisoner to be guilty. I would observe further that where that
presumption necessarily arises from circumstances they are more
convincing and satisfactory than any other kind of evidence, because
facts cannot lie.
I cannot now go through the evidence again, but you will consider the
whole together, and from thence determine what you think it amounts
to. Thus far is undeniably true, and agreed on all sides, that Mr.
Blandy died by poison, and that that poison was administered to him by
his daughter, the prisoner at the bar. What you are to try is reduced
to this single question--whether the prisoner, at the time she gave it
to her father, knew that it was poison, and what effect it would have?
If you believe that she knew it to be poison, the other part, viz.,
that she knew the effect, is consequential, and you must find her
guilty. On the other hand, if you are satisfied, from her general
character, from what has been said by the evidence on her part, and
from what she has said herself, that she did not know it to be poison,
nor had any malicious intention against her father, you ought to
acquit her. But if you think she knowingly gave poison to her father,
you can do no other than find her guilty.
The jury consulted together about five minutes and then turned to the
Court.
CLERK OF ARRAIGNS--Gentlemen, are you all agreed on your verdict?
JURY--Yes.
CLERK OF ARRAIGNS--Who shall say for you?
JURY--Our foreman.
CLERK OF ARRAIGNS--Mary Blandy, hold up thy hand (which she did).
Gentlemen of the jury, look upon the prisoner. How say you, is Mary
Blandy guilty of the felony and murder whereof she stands indicted or
not guilty?
JURY--Guilty.
CLERK OF ARRAIGNS--What goods or chattels, lands or tenements, had she
at the time of the same felony and murder committed, or at any time
since to your knowledge?
JURY--None.
CLERK OF ARRAI
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