The Toledo chronicle. [volume] (Toledo, Tama County, Iowa) 1873-1924, 1873-02-27

. reasonable toubt, that hs il guilty before
you viii b warrsntsd in 20 finding.
70 establish the charge in The indict-
tn.nl the State rsliss on what 10 called cir
oumstautial evidence. That is, white no
witness swears to the 9ctual fact charged,
vet il 10 claimed that the facts ~ cirsum-
stances sworn to by the witnesses before
YOU couclusivsly sstatlishsd the guilt Of
The defendant. A criminal charge may be
establ shsd BY circumstantial evidence.
and indeed 40 crime seeks secrecy, il is
oftaa pecessary in order to punish the
tial evidence.
There are certain elements Of the charge
sst out in the Indictment which are neces-
sary to be established, and IN order to
avoid confusion and 10 lead You 10 the coa-
sidsration Of the case in msthodicAl man.
ner; will state these elements. 81.
Let. II must b established BY evidence
beyond reasonable doubt th[t the building
vas purpossly and intentionally burned ~
como one.
End. II must BE- established by the evil
dsnce beyond = rsassnsbls doubt that the
defendant purtose;y and maliciously ourn-
cd The building.
Sfd. 1t must b. shown that the building
Vas burned in the day time, and that 1t
was situated in Benton county.
In regard 70 the first proposition. that il,
that the building was purposely burned by
some one, you will take all the evidence as
10 the origin Of the Ere, and detsrmins
thsrsfrom whether the burning was the
act Of guilty agent or was il the result
Of accident. need hardly tel YOU that if
you conclude that the burning was the re-
suit Of accident, or that it has not been sat
isfactorily shown that the act was criminal
YOU will inquire no furthse in the case, but
end verdict Of not guilty
III you ind from the evidence that the
building WAS bnrnsa Intentionally by some
one, you wiz rsxt Inquire, was the burn
ing aoae BY the defendant The testiIno>
~ in the ssss 10 voluminous, the facts aid
circumstances are many and varied and it
10 ,mpos sibls in the limit usually allotted
10 written Instructions To call yoar atten-
to the testimony ia detail. l can do no
more than ca you attention to some gsuer-
n rules covering the consideration Of cir
'cumstanlial evidence.
In the hrs. place the fasts and circum-
stances from which tbs conclusion Of
guilt is drawn must be distinctly and in
depsndensly proved by competent evi leace.
End. All the facts and circumstances
relied On must be consistent with the guilt
of the defendant
3rd. The facts and circumstances relisl
on must not snlyconcur TO show that the de
PENDANT commit ed the CRIME but they mas.
also be absolutely inconsistent with any
other rational conclusion.
II the circu instances proved or claimad
to Sc proved 10 CONNECT the defendant with
the act Of burning are - applicable to
others ~ 10 defendant they cannot be ap-
piled to Che defendant. They raise no in
ference against the defsndan, that they do
net as we'll raiss against another or others.
If you find from the evidence that the
defendant is . man of good character and
reputation it 10 not defense in itself but is
proper fer your consideration 10 connection
with the other testimony in the determine
ton Of the ultimate question Of guilt or in
nocsnce.
Applying these general rules TO the evi.
dence in the case, are you satisfied beyond
. reasonable doubt that the defendant is
guilty a. charged in the indictment? A
reasonable doubt is not doubt +. unded on
any enc particular fact in the case. 1t is
not forced captious or artificial doubt,
manufactured by your sympathies, so to
speak; but it is such q doubt as without
being sought after fairly and naturally
rises in the mind after deliberate con-
sideration yf al the testimony in the case.
Every thing relat,ag to human Affairs and
depending on human testimony 10 open TO
some possible or imaginary doubts, bu. it
10 not possible or imaginary doubts which
entitls to al acdui.tal.
In conclusion gentlemsn, il upon = full
consideration Of all the tsstimony in this
case. your minds and ccnse,encss are fully
sati sized that th. defendant is guilty, it is
your duty to convict him, regardless Of the
consequences to him. II en- the other hand
upon such consideration your miuds hest.
tate and doubt the law resolves the doubt
in favor Of the prisoner, and your verdict
should be net guilty.
The Jury then retired to tho Jury.
room, and after an absei.ce Of In
hour returned with verdict OF not
guilty. which the Judge announced
frem the Bench. Thus closed this
case that had been OF such interes,
to oil who live in or near Toledo
and particularly to the citizens of on,
sister county seat Vinton, where the
fire occurred.