Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-10


s~en,a,ion Of fret. II In any given case .
mau presents . claim sgat0ss the govern
neus Of the United States aod 70 support
Il uees or employs suy false, 0ctitlous "r
fraudulent paper tr writing. know ing The
same to b. false. fictitious OF fraudulent. ~
follows. Of course, l Say, that his intent
was to detrsud for how can y man use
ulent purpose. Ii any Que OF these three
ceruacs,es was falee, t,c,i,ious OF ~frauduleu,
aud the defendant knew the fact. and
knowing the fac, presented y claim to the
government ut Washington. il suy one OF
them, l say, would oe so false, 90 fictitious
and f~rauduleuts aud IL be knew il, the de-
tendant would be guilty, if his guilt were 4
shown beyond q reasonable doubt.
Aud ali the material alleRat!ous Of the
indictment must be satisfactorily shown 10
you by the prosecution beyond any reason
able duubt. Gentlemen of the jury, such IL
the exposition of the law which l am
obliged. by my sense of duty and Of right.
10 give to you. l am placed here ss the
servant of the government and of he pee
pie, faithfully and honestly and fearlessly,
10 expound The laws; and IN oil proper and
just ways to see these laws enforced. l am
10 look neither to the right DOR 10 the lett;
I am merely an humble mouth-ptece ap-
pointed by the people OF the United States.
and by their government. to declare to you
the meaning of these laws. When 60
have done then my task 10 ended. Inc
government of the United States In this
tribunal Is no more to me thas any other
party. The defendant in his case 10 Meth
ct more nor less to nae than any other party,
although he be my neigh6Or. 10 declaring
the law l know nelther. parry. 1ou. gen.
tlemen. are the exclusive JUDGES Of al
The questlons tact IN tb,s case.
AZ ! remarked before, tne ootv O toe
court IL IN Charging the jury 10 STATE 10
them all matters Of Law which The oour.
thinks necessary tor their 10
finding their verdict. 70 are, OF course,
tue judges OF the creo'o'lity OF each sod
every witness VINO mas been Drought De-
fore you. II 10 Tor you 10 cay onoer the
responsibilities OF your>solemn oalns. when
one OF these Witnesses You vii believe, aoo
which one you ought to dssreeard. Our
laws Know no dlstioceon II color. wheth-
er the man % req OF olack OF WoIe. Ine
proud shle'o OF the law 10 over 10 al. The
poor, ignorant man mas a. much right to Do
projected 10 our courts OF Josuce. e tne
richest and most educated nlsn 10 the isnd.
Every defendant, 10 . cflmlninal action
LOIS one, u presumed 70 % ooocent
until the contrary 10 proven ana 10 case OF
reasonable DOUBT a. TO whether hle guilt y
satisfactorily SHOWN, ne 10 'eat!tled 70 loe
scq0atteo. b0! what 10 . oouot!
A doubt based or founded upon reason 10.
OF course, . -oouot. II must
spring rom reason ana The tscts IN .evi
0ence not tlOm . mere wlsn on your part
to stq0lt irrespective OF tho testimony, tot
you nave sworn that your verdict Snail Oe
= true one according 10 the evidence pro.
duced. such DOUBT must be actual and
substantial, gentlemen not . mere possible
lily or speculation. 1t Is not 9 mere posi-
Ole DOUBT, because everything. perhaps.
relating 10 human affairs and depending
upon moral evidence, Is open " some POS
s.o'e or Imaginary y The mind OF
tne juror Is 10 aTsta'e OF reasonable oooDt
W9en after an entife comparison and con.
s.aela.,oo o. .ne evidence nls m'pd 70 lett
10 tnat conoltion mat ne cannot honestly
and conscient,ously say he feels an abiding
Confidence TO q moral certainty, as 10 any
mster'al point In the Indictment; that is u
certainty, that conVlnces and directs the un-
uers'anuing ana SATISFIES MS reason and
JUDGMENT. but Q juror Is not authorize to
RAISE 40 artnclal or q cspslous doubt, or a
partial douot 10 order to acqu't. 1t should
not oe q Ianc'tul theory or a speculative
oouot "nicn can pave No. warrant 10 reason
or toundat,oo " 1act. Inc ne relies
upon sooulo, therefore De real should be
nones'ly anu la'Iiy entertained slter all
!easonaole shof.s nave oeen maze ov the
Ju.1! 10 nno gu. the true s'a,e OF inc facts.
NV GUY IS aoout az a close. by that
wise anu glorious system OF ours, whilst
.ne law Is LOT .ne court 70 e4pound, yet,
az iac's ave "1.u'n tne exclusive judgment
W .ne Jury; ~ tnls system, lthe glory OF
Jul ausel.ul,ons,l even II . Juoge coulo ever
oe supposeu 20 us wnat ne oognt never 10
&c, palt.a.: uJuuse ~ we oenco ca1 10,
.er'ere oel"iA. me I'gnt OF tne accused and
Iae :, 'ac.s, or os'~a1t DIS I'go's ano 1ne Law.
- Ios ous " @s I'VE way mere 'oi me 10 say
.a .. = pi'ze llee'.sE as l uo)' tnls glory OF
.sfa,a ps. !, ~ ,hs .nss snse' snGnof OF our
ss.e a. /" ~ .ne gssousst privilege OF the
hs m.. ra'e1 E.ch - r m.s -, al. anu ~oe.eser
,hi. % hss @ S svs,am : ~ YOU y, "eoet
Wis OCdutitul eyeNcu1s b JuU&e OF tue IHct9