The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1883-03-07
JUDGE AND JURY.
CONTINUED FROM THE FIRsrPAeE.

would amount substantially TO the de-
1ense as claimed, becauseit would raise
such presumption and such doubt in
your minds, and should raise such pre-
sumption and such a doubt. as that you
could not say under such circumstances,
beyond reasonable doubt that this man
inflicted that death wound upon the de-
ceased. No more serious question ever
comes TO you than the disposition of a
mans life. You cannot too carefully
weigh all the circumstances of the case,
1t is duty you owe to the community.
There are two parties here to be protect
ed; first, the defendant, who is clothed
with presumed innocence by the law,
and second, the community. Both are
TO be protected. l will say to you, and
this you know, that no we'll regulated
order OF society can be maintained where
1tS criminal laws are not we'll enforced.
You have then, these two great subjects
handed over to you. You are to dispose
OF them under the light OF the testimony.
You are not permitted to 60 beyond that.
All the improper testimony has been
excluded, and should not be taken into
consideration by you. / can't too often
remind you that this duty should be
done with a sense Of your high Obliga-
tiOn to the defendant and TO the COM
munity. And | must urge upon you
again, that If in the application Of the
testimony in this case, any reasonable
doubt such as / have called your atten-
tton to, exists in the mind of any Juror,
the defendant has the benefit OF that
doubt. But, If you look at all the Cir
cumstances carefully, and do fully dis.
charge your duty in that regard, and
ind from the proof beyond che existence
of a reasonable doubt that this man Is
guilty of the Offense charged, IL would
De your duty to. ind him guilty. That
duty you should not seek TO escape un-
der any ground of sympathy. but oblivi-
GUS to the consequences, discharge your
duty under the law, and when you have
done that, you have done your whole
duty to the defendant and to the State.
Perhaps, ought to say word about.
the character OF witnesses that have
been examined before you. / don't feel
though that 1t Is absolutely necessary.
There are two kinds Of impeachment Of
witnesses. The one Is to call persons.
who have lived In the same neighbOr-
hood as the witness and who have the
means Of knowing his general reputa-
tiOn for truth and yeTacity. They are.
hrSt asked il they have 5th8 means Of
knowing such reputation, and then if
they would believe him under oath,
the witness may be sustained, and
when this Is fairly done by an equal or
larger number OF sustaining witnesses
the witness cannot be fairly said to be
mpeached by that mode, but you can
observe the testimony Of the witness,
and by looking at the ereRsonableness of
his statement determin whether to give
him cred0nce or not! There is another
mode OF inpeAching witness and thatl
Is by calling. persons to give testimony
to show thai the witness has made differ
ent statements,Out Of court than those
made In court. Such Is claimed to have
been dOne,in this case against the old
gentleman, James McMtllen, and 1T Is
for you 70 say In the light of the testi-
mOny whether he-ts to be beh0Yed.under
oath or not. Is .IY". .HfI9 gdf 14gp ff i
Now, something has been said, not
seriously, believe, with regard to the
policemen of this city. IL has been
argued as though IL was not the duty of
policeman to hunt up supposed crime.
l don't think that the charge is
seriously made, but as it has been talked,
OF, ought to say that 1t Is one of the
plainest duties OF a p0lieeman, or any
one charged with the execution OF the
law, when an Offense Is known 70 have
been committed to hunt up the author
OF the Offense. And IL they attempt to
do 30, it can hardly be q subject OF
criticism. II 1t should turn out that
any policeman Is 50 interested as that he
may have gone beyond that duty, 1t
would be for you to take his testimony
with caution, but / cannot believe that
any serious charge has been made
against them. 1t might have been said
In the heat Of argument, but not In
tended as anything serious. noiHa' b." ,r
Now, gentlemeB don't know that /
can call your attention to anything
more in this case, nut will submit 1t to
you finally. have heretofore had Oc-
casion to caution yon trem having any
communication with others or between
yourselves in regard to this case until II
was finally submitted TO you, 80 that
when this hour was reached, THE case
could be handed over to you for your
final and unbiased consideration. lais %
(Herenpon r. 8. Shields, OF counsel.
for defense, requests the court to charge
as to the presumption OF innocence of
the accused, until proven guilty lniGI 20.
If have omitted that part I'm my
charge Will now add 1t. Il have already
said, think that the law clothes this
man with innocence, and that IT re-
mains sTwith himia8 q shield and gaFb,
until the law, by full proof, has taken
1t away. l have already said to- you in
substance that the burden OF proof rests
entirely on. the state, and that the pre-
sumption of innocence continues until
the case Is finally disposed of by you,
and that this defendant Is all the time
presumed to be innocent until the con-
trary Is fully proven. -.....,
(HereupOn j. j. Parker, OF counsel for
the state, requests the court to charge
the jury, that the fact that the defend
ant purchased a pistol some few weeks
prior to the homicide, should be taken
by the jury as a terminating circum.
gtanee.) - gBb leIG .H. .yiA.Ir.1 o.
Perhaps, while ] was speaking of some
of the circumstances OF this, case, 1
should have said that in addition! 1t is
a claim made by the state, and IL BUS
tanned by the proof, that this defendant
did purchase a pistol a few weeks, per-
haps two OF three before the cOmIni8slOn
of this offense, with the view OF show
Ing that this defendant had the means
Of infiicting this wound. i recognize the
authority that where Zone 40 prOcnr-
ed a pistol, the means for the commits,
sion of the Offense, o 1t Is a eliminating z
circumstance to be considered nbyi the
jury; and 1 will say that the mere fact
that the pistol was not fOnnGly lie the
merest circumstance, and often occurs
in cases Of this character, . i,,-I,-,g,s
On retiring, gentlemen, yOu viii ap-
point afOreman for the purpose of bring
Ing into court your verdict and deliver
ing it. You should name the degree Of
the Offense of which You find the defen=