Nearly all crimes are in some particular point mysterious, perhaps impenetrable to justice and the police; and the duty of the advocate is, to discover this weak point, and thereon establish his client's defence.

By pointing out this doubt to the jury, he insinuates in their minds a distrust of the entire evidence; and frequently the detection of a distorted induction, cleverly exposed, can change the face of a prosecution, and make a strong case appear to the jury a weak one.

This uncertainty explains the character of passion which is so often perceptible in criminal trials.
And, in proportion to the march of civilisation, juries in important trials will become more timid and hesitating.

The weight of responsibility oppresses the man of conscientious scruple.

Already numbers recoil from the idea of capital punishment; and, whenever a jury can find a peg to hang a doubt on, they will wash their hands of the responsibility of condemnation.