The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1876-12-28

guilty Of murder In the first degree, as
charged in the Indictment"
II you find the prisoner guilty Of mur-
der In the second degre, the form OF your
verdict should be, 1--WE tipd the prisoner
guilty of murder in thesecond degree, but
not guilty Of murder in the first degree
as charged in the indictment"
II you find the prisoner guilty of man
slaughter, the form of your verdict should
be, ave find the prisoner guilty of man
slaughter, but not guilty of murder in the
first degree, or of murder in the second
degree, as charged in the Indictment
II you fail to find the prisoner guilty OF
either of the crimes embraced in the in
dictment, your verdict should be, mot
guilty, as charged in the Indictment"
During this closing argument for the
prisoner the counsel INDUCED in line OF
remark, in respect to one of your num-
Der, without distinctly designating him,
which appears to the Court to have been
entirely unjustitiable. III the meaning
and intention cf counsel we're to intimi-
date the jury, or one OF them, so as to in
teriere with, or hinder their or his perfect
freedom of deliberation and decision, his
conduct was fragrant breach of his duty
and privilege as a member OF the bar
and officer of this court. OF course any
Juror in this box would and should treat
with contempt any attempt of counsel to
place him under constraint. And promp-
ted by the unfortunate language to which
I have called your attention, in justice to
the jury, wish to say in this public man
ner that so far as as anything has come to
my knowledge, and judging from your
department and behavior in the presence
of the Court during this tedious and pro-
tracted trial, it is impossible to conceive
how the jury, one and all, could have
conducted themselves with more proprie'
ty, or in manner more befitting the SOL
emn duty which under the law you have
been selected TO perform. And such is
my confidence in your abiding sense Of
duty, that l have no doubt you will fear
lessly and yet dispassionately discharge
it and without prejudice to the just rights
of the prisoner or the State, notwithstand-
ing any imprission or injured feelings
arising from from the faults or indiscre-
ton of counsel.
Gentlemen Of the jury, 1 congratulate
you that this laborious and protracted
trial is rapidly drawing to close. The
fate of the prisoner under the indictment
now rests with you. Witnesses, counsel
and Court have been heard, but the deci-
sive part of this trials yet to be exercised
by you. And your power is Of charac-
ter which may we'll make you pause as
you enter upon its exercise. 1t is the
power, in regard to this prisoner, Of lib
erty or lifelong Imprisonment. 1t is the
power of life or death. You will need no
further admonition that the most delib
crate, the most painstaking, the most
treatment which you can
bestow upon this case, will not exceed
the measure Of its gravity and impor-
lance. And in the full faith that it will
receive this treatment at your hands,
commit the fate Of the prisoner into your
keeping.
When you retire, gentlemen, in order
% facilitate the investigation Of this case,
you will appoint one Of your number
brennan, and when you agree upon a
verdict your foreman should sign it, after
which you should come into court to rem
ler your verdict.
Printed forms of verdicts will be sent
o your jury room to enable you readily
o make up your verdict.
JOSEPH FREASE,