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told me you would try my client according to the law and the
evidence--if the Court tells you the cause of death must be proved
beyond reasonable doubt, I ask you how on your consciences you can
find these prisoners guilty, and even without the testimony of Drs.
Andrews and Moyer? The God's truth is that no man can tell the
cause of death. No man can tell how he was killed, whether the
wounds caused death or whether he died from contusion or concussion
of the brain. There is nothing in the evidence about blood letting,
and there is nothing about concussion or contusion of the brain,
and I ask you to keep to your contracts with the law and with your
God, and to follow it, no matter where it leads you. You and I
would risk our lives for the defense of Illinois if she were in
peril. We are not cowards; we fear neither the hooting of crowds
nor bullets while we are doing our duty. You care nothing for the
mob, nor do I, and Illinois now says to you, do your duty on your
conscience. I demand it of you and you can not give me less. Now,
everything that was put in the notes was put in the hypothetical
question which we submitted to our medical men, and Drs. Moyer,
Andrews and Curtis tell you distinctly that it is impossible, from
the description of the wounds and the notes taken at the
post-mortem, to tell what the man died of. They corroborate the
other witnesses that the cause of death was uncertain. How much
evidence do you want? There is not only a reasonable doubt, but we
have proved beyond possibility of doubt that you can not tell the
cause of death. Now, gentlemen, your duties are important, and you
will be required to carry them out.
"You will remember that early in the case the State's Attorney said
dates are important, and they are of vital importance. Dr. Moore
closed the evidence as to the cause of death on October 26th, and
he and the other physicians all swear that you can not tell whether
the wounds were ante or post mortem. Now what do they do? Instead
of going to Dr. Fenger or other prominent medical men and asking
their opinion, what do they do? They know that if they ask the
opinion of eminent medical men they might be told that the boys had
made a mistake, and, therefore, they say we represent the people of
the State of Illino
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