Closing Argument of Onias Skinner, 29 May 1845, Copy [State of Illinois v. Williams et al.]
Source Note
, Closing Argument, [, Hancock Co., IL], 29 May [1845], State of IL v. Williams et al. (Hancock Co., IL, Circuit Court 1845). Copied [29 May–20 June 1845]; handwriting of and printed text; thirty-one pages; Wilford Wood Museum, Bountiful, UT; images in Joseph Smith Murder Trial Papers, 1844–1845, CHL.
This, is the law of the land which you are bound to adopt in this case. I will state an example of circumstantial evidence , laid down in the books, sufficient to convict & then examine how the evidence in this case tallys with that example.— A man is seen in haste rushing from a room with the marks of an assassin upon his brow— he holds in his hand a bloody knife— he is in the act of flight— you instantly enter the room & find a man sta[b]bed & expiring from the wound— no other person is present & there is no possibility that any but the murderer having been present:— the wound is the same size of the knife & he had threatened before to kill the same <man> man. Whith With these circumstances, not a particle of doubt could rest ◊◊◊ upon your minds that this man was the murderer & you would convict. Now, ask yourselves before I proceed, if any such evidence exists in this case: Gentlemen, I will now state a portion of the circumstances before you that
1st. It is not proved that any existed among the troops to kill the Smiths. 2d It is not proved that any of those troops killed the Smiths 3d It is not proved that any number of those troops were together at any place [p. 18]