Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-11-01

J
you will see, to commit the crime of
murder in the third degree. If the
testimony on the part of the prosecu-
ton establishes, or tends to establish,
the guilt of defendant as to any crime,
it is one or other Of the crimes [ have
described, murder in the first degree,
or murder in the third degree. If,
therefore, you are satisfied from the
evidence, beyond reasonable doubt,
that the defendant at the time and
place charged in the information, kill
ed the deceased, Thomas Skerbin, and
that such killing was perpetrated from
premeditoted design to effect the death
Of the said SkeTbtn, then your verdict
should be that Of guilty of murder in
the first degree" IF you believe from
the evidence, beyond a reasonable
doubt, that defendant at the time and
place charged in the information, per-
petrated the crime of robbery upon
the person of said Thomas Skerbin,
and in the preparation of such rob-
berry, but aoithout any design to effect
kis death, inflicted upon the body of
said Skerbin blows which caused his
death, then your verdict should be
that Of murder in the third degree. "
If you are not satisfied from the testi-
mony, and beyond reasonable doubt,
that one or the other Of the crimes
described, was committed by the de-
fendant as charged, your verdict
should be mot guilty"
The inquiries to which your atten-
ton should be directed, in the dis
charge of your important duty, are
first was the deceased murdered :?
Second if he was murdered, did
the defendant commit the murder !?
Third ; if yes, then under what cir
cumstances, and with what motive !;
for as has has been already explained,
if defendant is guilty at all, the
purpose and intent which accompanied
and actuated the criminal act become
important in determining the degree
Of the crime committed. Whether
murder in the first, or in the third
degree.
The testimony upon which the
prosecution asks that the defendant be
convicted, is what is ordinarily termed
"circumstantial No witnesses wears
to the commission of the murder no
witnesses swears to any one fact that,
taken by itself, necessarily points to
the defendants guilt No one fact
testified to, taken alone, unconnected
with other facts, is, as [ understand
the prosecution, claimed to establish,
or tend necessarily to establish, the
defendants guilt
1t is onl y upon a succession Of facts
taken and interpreted together, that
the prosecution POUNDS its demand that
conviction be had Experience has
demonstrated the necessity of receiving
and considering circumstantial evil
dence in the administration of public
justice. The we'll known tendency of
crime to hide its repulsive features in
secrecy and concealment, thus decreas-
ing the probabilities that it will be
seen by others, makes it necessary
ottentimes, to seek out and punish it
by means of secondary evidence, evil
dence proving facts that concur in
establishing the principal fact, the
guilt Of the accused.
This is simply one of the means
which the necessities Of good govern
ment have adapted in the prosecution
Of the lives and property Of individu-
ais ; but lest the ends of justice might
be thwarted, rather than promoted by
means Of circumstantial evidence, as
by the conviction of innocent men,
IN times Of undue excite
ment, upon insufficient testimony
or upon a mere suspicion,
the law has thrown around the man
against whom an accusation rests upon
this kind Of evidence, an intended
and proper safeguard, by adopting the
legal rule, ''that, to justify the infer
ence Of legal guilt from cisc unastantia5
evidence, the existence of the inculpa-
tory facts must be absolutely incom-
patible with the innocence of the ac-
cused, and incapable Of explanation
upon any other reasonable hypothesis
than that of his guilt
Applying this rule to the pending
case: If the testimony given upon the
trial establishes, beyond a reasonable
doubt, facts which concur in establish
ing the defendants guilt, and which
upon no reasonable hypothesis are
reconcilable with his innocence, then
your verdict should be 'Eguilty''; the
grade of crime to be ascertained and
determined as [ have before explained;
but, if the facts satisfactorily estab-
lished do not necessarily lead to defend
ants guilt, but may be reconciled con-
sistently with the theory of defend
ants innocence, even though they may
excite suspscion that he is guilty, he
is entitled to be acquitted. Men can
not be convicted of crime upon sus-