Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-11-04

opinions upon hypothetical questions
merely, and upon testimony in re-
gard to acts which the experts them
selves did not see. It is observed
on the one side that the testimony of
experts is sometimes very valuable
by reason of their skill and science
enabling them to observe circum-
stances and symptoms which an Or
binary observer would not notice;
and on the other side it is sometimes
| observed that medical experts, from
their habit of dealing with par
ticular class Of facts, (as is shown
with scientific men in other depart
ments) get in the way of looking too
much for evidence to support their
own theories. and observe minute de-
tails and make minute observations
which are found to be of little prac-
tical use. 1t is always for the jury,
in each case, after having heard the
testimony of the actual facts, as OBJ
served by eye-wi,ncsses, and after
having heard the testimony of eX
perts as to their opinions on the one
side and the other, to decide the
question; and in determining the
weight that ought to be attached to
the testimony Of experts who have
testified before YOU on the question
Of the sanity OF the prisoner, you
may, and ought to consider the de-
gree of skill, learning and knowledge
shown 10 have been acquired by
them, and the amount of experience
they have had in dealing with or
treating insane persons, and the diff
fcrent forms of insanity.
Nothing further occurs to me as
necessary for your information, ex-
cept few words as to the form of
your verdict If you find from the
evidence that the defendant unlaw
fully, deliberately, premedItatedly
and with malice aforethought shot
and killed Mivelo Lucieh. as charged
in the Indictment, and that ut the
time of the shooting the prisoner
was sane and legally responsible for
the act. your verdict should be that
You find the defendant guilty of
murder in the first degree, the pun
1 ishment for which is death. If YOU
! find from the evidence that the de.
fcndant is not guilty of murder in
the first degree, but is still guilty OF
murder in the unlawful killing of
! Micelo Lucich in the manner al
legged in the Indictment, and was
sane and responsible, your verdict
should he that the accused is guilty
of murder in the second degree, the
punishment for which is mprlson
mcnt in the Territorial prison not
less than two years, and may be OK
tended to life.
# you think the facts as shown
! lay the evidence warrant you in
so doing, under the law, YOU can
say by your verdict that YOU find
the defendant guilty Of manslaught
er.
If YOU fad from the evidence tha,
the Prisoner killed Micelo Lucicl
by the means charged in the indict
mrnt, but that at the time he was
| insane and not legally responsible
for his acts, under the rules herein
before laid down, Your verdict should
be that yen find the prisoner not
guilty by reason of insanity.
or course, you have the power to
acqnit the prisoner altogether, but |
do not understand that his counsel
claim that the killing was justifiable
or excusable, or that the defendant
y not guilty except upon the theory
TINT he was insane ut the time OF
the alleged shooting.
II. Z. PRIcKErr,
District Judge.
After being out about half an hour,
the jury returned verdict of murder
4 in the second ,lpurna