Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-04-01
=. oa;+ "a 20 no Given the witnesses

testimony. but the evidence OF an I'M
raaobed witness. in any mode, is to b.
watched with the other evidence in tn
case. the impeachment being used only t.
di:credit the faith which otherwise would
be given the testimony. And SO VIII
reference to other matters, as the 1eeiihe
of friendship or animosity existing III 'ne
mind of the witness for or against the
marty on trial. or partizan feeling, are
+o he considered and given their due
weight in given credit to the evidence
Also the interest of witnesses is to be con-
.idered in giving credit TO their testimony,
a. also should the disposition of wit
mes. TO tell the truth and their means OF
knowledge, be considered in determining
what TO believe. No artificial rule of law
declares the differences to be drawn from
testimony, but in all cases such differences
are to be drawn as are natural, and com
mend themselves to common sense. The
Law does not require you to find particu'
lar inference from testimony, but in all
cases leaves it to the common sense of the
Jury to find such differences of fact as
naturally arise from the evidence. When
a man kills another, there is no Inference
OF law that the killing was intentional,
but the intent is a question for the jury
to find from the evidence You will look
At all the evidence and draw the inference
OF intention from the facts you find
proved You have no other way Of find
iuI the intention of man except by de-
duein1 It from what he says and does,
and Won W find what tie intention is
10y natural common sense weighing of
the testimony.
The fact that the respondents had an
interview previous to going to the place
of tins homicide, does not necessarily
show II criminal combination between
them, bur whether there was such com
blnAtion is IA question for the jury, and il
they think tho fact Of such combination
IA the other facts In criminal ease the
Jurors are Judges of the law as well as rhe
fact, and IN bringing in verdict of guilty
or not guilty, are required to pass upon
both the Law and the facts. 1t is the duty
uf the court To instruct the jury what the
law Is, bat the jury are not bound To find
tLe VS. ,h... c.,,r+ ;,.tr,c+. h., Int
i, would J.. cruel f,r The iprv TO find The
.,,.....;.,.t -. r.-,.,.1,y., .,. :.
,ba.i,,.tran,iaa. nf ,ha CONT - i ,ha
lur, make y mistake in the law against
rI.. r..pond.ut~ there j.. no remedy left
tl,,.u. ~ rh.v cannot Ak. executions 10
The. ryI,n... If m. inrv. neither sbouId
wan .,s..,. ..a,ri.,l min, find tho Inv ,n,r.
t,y.,..lf. F.. ~. r..,ard.r,. +b,r the
ANN, fr..,r,,,f- wa, haaau.a i m. c.urt
Nuke, .,,..,,,,inst tha r4.n,nda,t.
th,v c.n H., axr.nti,, ..+ IA. matter
.rioht. lutif ~. i,rv soa that tb. c,urt
+.,l,,.- .u..rtil.,, ,.i.,-of tb.. case ar an
,,a,r. ..r.-,di.;a1 tb.,, j. heo,r,a. tbs INV
If IN. inrv r., d,c;3a m. 1.u f,r ,h,r-
selves TIN. iurv sh.,1d nat he ,,overped
hy v,,,,,,.,f.a,.. h,,t tb.v shopld deciaa i'm.
.,,.,.i.iI.. ..,.l ..;., -,
~. ,.-t;n..n, .,,a .,r.fnu,, o,o =
,.,.l..i.., t,,,...... .1,,,.,.a +ho,,
r.,.l..- .,,.t ,..rai,.t without ..al,it;,, f.,
ga excuse in favor Of either party, rs the
t-crs and the law will warrant; every
fiet utu-t te made cut ty full proof, that
l.. you must be- satisfied that each Material
fact Is proved beyond "A reasonable doubt;
the jury should not stand upon fanciful
doubt, but reasonable doubts.
F.c} ane ~ Tho c,sas. Stand, =, J.. ou,,
ground. and the Jury are 10 consider Them
Ii IIar,ve Plnmlev Is acqult-
ted the other RESPONDENTS must b. lcquit-
ted: hut il the Jury find Horace guilty Of
either murder or manslaughter, then the
..a-ys ii Zbu and Frederick must be con-
-idctad, and in bringing in their verdict