The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-01-02

in issue, a. tending to show the probabilities
or improbabliities Of Morris having executed
the mortgage in question. And for this purpose
you may consider the testimony IN relation TO
the notes purported to have been witnessed by
Church and others, and IL you find those notes
were genuine, you may infer that at the ltime
Morris was indebted TO Matteson. But this is
a question OF fact for the jury; and the infer
ences to be drawn therefrom. IL established are
for YOU and while the Court might indicate
what certain facts tend to show it Is for the
Jury to say what they do show.
now gentlemen, ii N your duty TO CONSIDER
all the testimony before you, and II on the
whole YOU are satisfied beyond reasonable
doubt that the respondent il guilty 1t Is your
duty to convict, otherwise to acquit him. You
must rely upon your memory as the purveyor
OF reason to furnish you with the facts SHOWN
by the testimony; and with these facts fresh
before you, you are to apply to them the tests
which reason indicates IN order to draw there
from just and righteous conclusions. l. said
in order 10 warrant a conviction you must be
satisfied, beyond a reasonable doubt, OF the
guilt OF the accused
''What then should be the state of mind OF a
Juror TO require or permit HIM to oppose YER
dict OF guilty on the ground OF reasonable
doubt? In the first place, 1t must not be be-
cause he thinks it possible merely that the re-
spondent is not guilty. The mind might in
almost every criminal case feel that the case
was subject to possibility OF mistake. Almost
everything relating to human affairs and de-
pending on moral evidence ls open to possible
doubts. Hence the rule does not require
mathematical certainty. Nor would 1t be a
reasonable doubt If it results from any consid-
Grafton unconnected with the duty imposed by
your oath-as IL ii should be produced by an
undue sensiblllty in view OF the consequences
OF your verdict. With the consequences OF
your verdict upon the People or the accused
ha IN In A
doubt excited in the mind against the evidence
from any cause, as a pretext for acqulttal Is
not reasonable doubt. This doubt should
not be the result OF trivial and fanclful suppo-
sitions or remote conjectures as to possible
states of fact differing from that established by
the evidence. Again it must not be captous
doubt or one based on suspicion.
Reasonable certd,ntyis what the law requires
and it may be said to be that degree OF GER
talnty upon which YOU would return to act ID
your own grave and important concerns.
II at the close OF your Investigations, after
eXhausting every means within your reach TO
know the truth, when all the facts upon both
sides have been carefully examined-when you
have fairly and honestly exercised the best
powers OF your minds to know the truth, with
out any desire to find doubt or exclude ole,
you still find your minds III a condition that
you cannot say that you have an abiding con-
yicton to reasonable certainty OF the truth OF
TIC CuulS6. Iuch Ou HluSO l1Ob IL oitCA
such dllligent and mature elaboration, you
find the evidence sufficient to convince your
understanding and conscience to such degree
Of certainty that you would be willing TO act
upon it in matters of the highest importance
20 yourselves, then you should not hesitate.
Thus you see, it must be real we'll grounded
doubt, fairly and reasonably entertained after
proper effort is made to know the truth.
Now, Gentlemen. / have endeavored to do
my duty faithfully to the People, faithfully to
the defendant. have stated to you the rules
OF law applicable to this case as / understand
them. You are to take those rules as guides
in your deliberations Apply them properly to
the facts in the case. IL you do this you will
have discharged your duty faithfully and
trust satisfactorily to all who love Justice and
truth,
1t is one OF the most glorious features OF
American law that it is no respecter OF persons
| The rules that it applies to the poor anc
despised, it also applies to the rich and power
| ful, When crime Is committed, it requires the
officers Of Justice to bring the person suspect
ed OF the offence, whatever his situation OF
standing in life, into the temple OF Justice to
answer to the accusation. The People do no
wish, the law does not demand the conviction
of the innocent. Justice requires the convic
ton and punishment only Of the guilty 1t il
for you to say whether you are satisfied beyonC
O reasonable doubt that Milo d. Matteson II
guilty. Ii you are, say 80 by your verdict. l
you re not, acquit him. Render such a yer
dict as shall accord with your judgments an
satisfy your consciences now and hereafter.