Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-10
listed, are questions of fact to be determined
entiralu hR the inrv trnm the evidenns

listed, are questions or fact TO be determined
entirely by the Jury rom the evidence.
Sixth. II the jury find from the evidence
that the prisoner was of unsound mind at
the time OF the doing of the act charged
against him as criminal In this case, then It
is also the duty OF the jury to find whether
said act was the result Of such unsOundness
OF mind of the prisoner.
Seventh. The punishments Of the law are
intended for rational persons, and DO one
but a rational person can commit the crime
OF murder.
Eighth. Insanity may be interpOsed as a
legal defense In any prose cutiOn for an
otherwise criminal act, and If such defense
be established by the evidence It takes away
the criminality, and the act ceases to be
crime in contemplation Of law.
Ninth. II the t1rY have a reasonable
doubt as to the ssni Of the accused at the
time Of committing the act charged against
him as a crime, they should give him the
benefit of that doubt and should find him
mot guilty, by reason Of insanity"
Tenth. The 1uTy are the sole judges Of
the credibility OF witnesses, and have q
right to take into account, in weighing the
evidence, any apparent feeling or interest
manifested by witnesses on the stand, their
manner Of testifying, their compensation or
want OF compensation, and any other cir
cumstsnces connected with their testimony
which the jury may think would infu-
ence them.
Eleventh. II the jury believe from the
evidence that the prosecution have wilfully
suppressed evidence of the mental condi-
tiOn Of the accused during two weeks next
following The shooting Of President Garfield,
which it was in their power to have pro-
duced on the trial, the jury have right to
take that fact into consideration as raising a
presumption that such evidence, II produced,
g. Il
cutiOn.
Twelfth. II the jury shall believe from
the evidence that the prisoner was OF sound
mind, or not so insane as to be irrespOnsi-
bic for the act at the time OF shooting
at the President, on the % day Of july,
1881, and that he then uDlawfully and will
1ully, but without malice in fact, in the
District of Columbia, shot at and thereby
injured the President, Of which shooting
and injury the person so Injured subse-
quently died in the State of New Jersey,
aud within the United States, then the pris-
oner is guilty Of the crime Of manslaughter
and the jury should so find.
Thirteeuth. The jury are instructed to
find a separate verdict upon each count in
the indictment, and, inasmuch as # is
charged In the first, second, fourth, fifth,
seventh, and eighth counts Of the indict-
ment in this case that the death of the Presi-
dent took place in the county Of Washing
ton, in the said District of Columbia, and
there is 10 evidence OF such fact, therefore
the ju'y are directed to find the accused not
guilty upon each OF said counts, separately.
Fourteenth. Inssmuch as the evidence is
uncontradicted in this case that the wound
was fiicted upon the President by the
accused on the II day Of July, A. D. 1891,
in the county OF Washi gtOn, IN the Dis
trict Of Columbia, and that the President
subsequently and in the month of 4ptem-
Der, A. D 1881, died of such wound in the
State Of New Jersey, the jury are instructed
that by reason OF these facts the accused is
not guilty of the crime cf murder charged
in the Indictment, and the verdict must be
not guilty-unless the jury shall find him
guilty Of manslaughter, as charged in the
twelfth prayer of the defense.