, 1874-12-27

that tho defendant assaulted James caarry in man
ner and form charged in the indictment, then til
law presusnes maace tho part OF the defendant
| tho Jury should find him guilty.
The Court tnstructs the jury that while they shou
not convict the defendant unless they are satisfied
his guilt beyond reasonable doubt, yet tho jury
instructed TINT the doubt referred to must be scIou
substantial, and wel-fouuded doubt, and not naes
| whfm the possibility Of doubt, and the doubt 70
fcrred must arse from full consideration Of al
| the evidence in the case, md must be reasouabl
| doubt.
the Court nstrlcts tho jury that they nro tho sol
5dyrs Of the facts In this case, ad Of the credit to
given to the respective witnesses who hayo testified
aud in passing the c1edbillty Of such witnesses
the jury haye right to take into consideration thei
conduct, demcanor, and bearing upon the stand. thc
relations, feelings, eymp1th1es for the defendant
proven by the evidence, and their object purposes
and designs in 80 tcstfy1ng, II any such have beer
II the jury believe from tho evidence that any wit
ncsscs hare wilfuly testified falsely to any matesal
fc1 point IN this case Or that said witnesses have
bGcn successfully tnpaachcd contr1dcteu by othel
aud competent evidence on such material fact Of
point, then tho jury instructed that such woult
be proper for their in weighing the cv-
de1ce of such Witnesses and unless corro6orated by
other proper testimony the jury may, II they think
proper, disregard the evidence In TOTO
ron THE DEPENDANT.
This is indictment for assault with intent ia
murder by shooting with pistol
The Indictment charges that the pistol Was loaded
with g1npowdcr and . leaden bullet,
The Court instrncts the jury that in this, in all
criminal prosecutions. the guilt Of the defendant must
n6 mol ny mere CfHro0uer4hce OF Hf1.
dence, but beyond al reasonable doubt, and thas ali
facts essential ba rgovc III order to convict the de-
fendant 1nust be 80 established.
The Court further tnstructs the Jury that in this
the allegation in tie indictment that the pistol
loaded as charged, Ia IN essential allegation, to bo
If. therefore, tho jury should and from the evidence
that the pistol whiCh the Defendant il charged with
having presented ut tho witness, McGarry, was not
loaded ut that time, then the jurs ust ac1nt the de-
fendant.
This is m indictment for IN assault with intent to
murder by shooting with pistol The indictment
charges tint the pistol was loaded with guupo wdcr
aud leaden bullet,
The Court instructs the jury that In this as in all
criminal prosecutions the guilt Ut the defendant must
be established not by Ntere proponderaucn of eT1
dencc, but beyond all reasonable doubt, aud that all
fact essential to be proved III order to convist tho
defendant must be 80 established.
Tho Court further iuHtruc,s the jury that in this
the allegation In tic indictment that the pistol
was loaded carged il essential allegation to be
ind from the evidence. beyond al reasonable doubt,
that tho pistol which tho defendant is charged with
having presented At the witness, McG;arry WIS loaod
in tbs manner charged in the Indictment with gun
powder aud leade bullet the jury should acqui the
1eieudaut.
tLe jury cannot convict the defendant this lndics
eut unless the jury shall be satisfied from tue eyi
,tnce, b,yond all reasonable doubt that tho defendant
presented Ut the witness, McGarry pistol loaded with
0uuEowurr aud leadcn bullet charged in the In
detInent, with tho inteu to murder the wituess, ,1t-
Garry.
The jury are instructed that, If they believe. from
the evidence, that tue defendant, ut tho u,nB
toned iu tho evidence, went into the saoon Of Janes
Mcl.rry. aud after some bad t1!k drew pistol and
pointed sao 1t Mcarry aforesaid. and tire e4tene to
kilt him. and that there was load or powdcr bull
let in said istol, that said acts would constitutes
common assault, cuguiz2blo before Justice Of the
Peace, and their verdict III this should be Not
Guilty.
Thu jury are instructed as matter Of aw that the
nc whi IL is characterized Atointt must ba ap-
pro1iuatt to tue lrinciI! thiug 10 he ompshed,
to the end and the pointing Of pistol not ia
condition to b: discharged Is not al attempt to k OF
do toGily harm.
TIE Cou!s further tnstruets the jury that In tho
consideration of the cass before then it Is only upon
the facts established by tho evidence and upon the
nw applicable to the Gaze that their verdict should 10
formed.
yicted upon prGl,ouderapce OF evidence. IN ali
criminal the defendant should be acquitted
less tho jury find from tie evidence that he's, tsvond
all reasonable doubt, guilty Of the charges preferred
against him in the indictment.
Tho jury instructed that they ere, in this case
the judges Of the law and the eT:deilre.
They further Instructed that every is to be
Presumed naorent until proven guilty, Ind it IL the
y Of tie jury i'll this to presume that the de-
f.nuan 10 1oeeut. u:leas they believe from the owl
ence, tt you'd reasonable doubt, thlt tile defendant
Tu jury is further instructed that the defendant in
doubt, aud, unless the jury telero from the evidence
beyond reasonable dout t.ns tine defendant Is guilty
of the rrs CHARGED in the Indictment tho rcriicr
should be Not Guilty.
ut 1:55 7. m. Tho general impression seemed to
bo that 4 speedy aciulttal would bo tno result,
anu the majority of the Andeuca retained their
positions. As half hour and then an hour
passed away without anything being heard from
Lho jury, the people began to drop ous Of
the courtroom, among them being the
Judge. Hun,ors began to slsrrad that the jury
would disagree. Ii 1act tie widest speculation
Is to tho result seized the I.2tieut ou-looters.
Tho prevailing desire was evidently in favor OF
lcQuistal.
i VERDICT REACHED.
Word ct last can,a that tho jury had agreed.
Then tue JuJse anil defendant had to DO hunted
1p. Al $3.50, the Court having arrived, the
jury entered. For the first time during the
rial. q trace of anxiety oveEshadowod McDon-
lids face, but WAS only momentary and certainly
lulte natural und er the clrcumstances.
Tho Court--lf upon the declaration of the |
'erdict of tho jury. any demonstrations OF ap- |
]foyal or otherwise are attempted shall direct
lie officers of the Court to arrest every one 80 |
offending
TITO Clerk then read the verdit, which was in |
he usual form, mud - Not guilty."
Mr. Heryey moved the discharge Of the pris-
'ner, and everybody seemed to bo seized with |
n uncont1 1ollabo desire to
SHAKE THE GREAT ACQUITTED Br THE HAND.
zone being moro hearty in their congratulations |
han the jurors. Judging by appearances, Nc
Donald must haVe been tho most popular man
within the odor of Chicago's fragrant river.
TILE oah0ncr