David Josiah Brewer

“ The defense asked one or two instructions, such as this: 'The fact that Jacob Jaconi has not been seen since the 28th day of October, 1904, does not create a presumption of his death.' Singlish out a single matter and emphasizing it by special instruction as ofter tends to mislead as to guide a jury. Doubtless the isolated fact that Jaconi had not been seen would not of itself establish the fact of his death. It is only a circumstance which, taken in connection with the other facts in the case, tends to prove the death. ”

“ No witness saw the killing. Indeed, the first and principal question is whether there was a homicide. Jaconi was a fisherman, living alone in a log cabin covered by a tent, about midway between Fairbanks and Chena, a distance of about 4 miles from each place. On October 28, 1904, the last time he was seen alive, he was at Fairbanks between 1 and 2 o'clock in the afternoon, and had in his possession several nuggests, a Yukon gold ring, a gold chain, watch charm, and some money, part of which he peposited in a bank. ”

“ While it is true there was no witness to the homicide and the identification of the body found in the cabin was not perfect, owing to its condition, caused by fire, yet, taking all the circumstances together, there was clearly enough to warrant the jury in finding that the partially burned body was that of Jaconi and that he had been killed by the defendant. ”