hree things together. You know
where the body was found and the clothes were found, and between
those two points this trunk was found with blood fresh in it that
could be stirred by those honest Germans the next morning, with
cotton batting saturated with blood, and if you put those things
together, you will have reason to believe that it was the same
trunk that came from the Carlson cottage. Why? Because the trunk in
the Carlson cottage was just such a trunk, and it had been moved,
and in the valise was found Cronin's clothes, and that valise was
moved from 117 Clark street and was found in the sewer. I am going
to make up a chain of evidence in this case, although I am not
going all over those outside circumstances, because every
circumstance which is proved in the case is not necessary for a
conviction; mark that. If you get instructions from the court that
there is a necessary circumstance lacking, and if you have a
reasonable doubt on that material circumstance, and if there can be
no conviction without that circumstance in the case, then you can
not convict. But every circumstance in the case that is proved is
not a material or necessary circumstance. If such circumstances as
are necessary to lead your minds to believe the guilt of the
accused beyond a reasonable doubt are clearly proved, that is all
that is necessary for you to be satisfied upon. You need all these
little outside circumstances, because they corroborate and make
stronger each link in the chain of evidence. You want to remember
that every point which leads in the direction of a correct
conclusion to your minds should be very clear to you. As to whether
they affect the material circumstances is another matter.
"I want you to remember that Burke went to Winnipeg. Forrest says
that he never attempted to deceive the officers there or to go
under an assumed name, but Officer McKinnon tells you that he first
said his name was Cooper, and when the chief of police told him any
statement he made would be used in evidence against him, then, for
the first time, he said his name was Burke. Again, when Patrick
O'Sullivan was requested to come to the police station and he saw a
lot of men standing back of the Carlson cottage, he wanted to know
what those men were doing in that cottage, clea
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