of
course, to that principle which declares that "every man is held to
be innocent until he shall be proven guilty"--a principle so
natural that it has fastened itself upon the common reason of
mankind, and been immemorially adopted as a cardinal doctrine in all
courts of justice worthy of the name. It is by reason of this great
underlying legal tenet that we are in possession of the rule of law,
administered by all the courts, which, in mere technical expression,
may be termed "the presumption of innocence in favor of the accused."
And it is from hence that we derive that further application of the
general principle, which has also become a rule of law, and of
universal application wherever the common law is respected (and with
which we have more particularly to deal), by which it is affirmed,
in common language, that in any prosecution for crime "the accused
must be acquitted where there is a reasonable doubt of his guilt."
We hardly think it necessary to adduce authorities for this position
before any tribunal. In a civil court we certainly should waive the
citations, for the principle as stated would be assumed by any civil
judge and would, indeed, be the starting point for any investigation
whatever. Though a maxim so common and conceded, it is fortified by
the authority of all the great lights of the law. Before reference
is made to them, however, we wish to impress upon the minds of the
court another and important rule to which we shall have occasion to
refer:--

"The evidence in support of a conspiracy is generally
circumstantial" (Russell on Crimes, Vol. ii., 698.)

In regard to circumstantial evidence, all the best and ablest
writers, ancient and modern, agree in treating it as wholly inferior
in cogency, force, and effect, to direct evidence. And now for the
rule that must guide the jury in all cases of reasonable doubt:--

"If evidence leave reasonable ground for doubt, the conclusion
cannot be morally certain, however great may be the preponderance of
probability in its favor." (Wills on Circumstantial Evidence. Law
Library, Vol. xli.)

"The burden of proof in every criminal case is on the government to
prove all the material allegations in the indictment; and if, on the
whole evidence, the jury have a reasonable doubt whether the
defendant is guilty of the crime charged, they are bound to acquit
him. If the evidence lead to a reasonable doubt, that doubt will
avail in favor of the prisoner."