and have a theory, and must sustain it.' So with the indictment of
the State's Attorney. 'I have written an indictment; it is my
theory and has got to be sustained, right or wrong, in spite of the
law and evidence, and you give me a jury which is excited and I
will get some one to swear to something, and that will be enough.
My theory must be sustained.' Are you gentleman ready to violate
your oaths by sustaining it?"

NO PROOF OF THE CAUSE OF DEATH.

"We have in evidence that the brain was disintegrated. 'I do not
find,' said the doctor, 'any indication of brain disease, because
the brain was too far disintegrated.' He did find concussion and
contusion of the brain, yet there was no evidence of that. If the
brain was so far disintegrated that they could not tell one thing,
how could they tell the other? Of course he could not tell whether
he died of brain disease, yet he could, although there was no
evidence, swear that the man died of concussion of the brain. I
asked him whether he could discover brain diseases by the naked
eye, and he said no, that it would require microscopical
examination, and yet he did not make the examination required. Dr.
Andrews says you can not possibly tell the cause of death from that
post-mortem examination, and that is the position that all the
other doctors occupy in the case. I say to you, therefore, that the
indictment should have read for causing his death in an unknown
way, and then men would not have had to strain their consciences
and could have answered the question intelligently. Are we not to
have conscience in this matter at all? The law should be executed
in this country as it is in England. There is no place in the world
where there is so much respect for law as there is there, and there
is no place in the world where they so uniformly execute the strict
letter of the law, no matter what the consequence may be. The
witnesses therefore have disposed of both the internal and external
evidences, and the doctors have told you they can not possibly tell
you what the cause of death was. Now, if the doctors say they can
not, can you? But, says the State's Attorney, you have got to
sustain my theory. Now, I ask you gentlemen, as twelve law-abiding
men, twelve men who look me straight in the face--you twelve me