The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-10-23

1891 sEfN NV
accurately remembered and correctly
detailed what she aaidp Or did these
witnesses, IN IL claimed by the State,
have TO come together aud make In.
quiry Of each other, aud OF Others, and
compare notes and pick up information
In this way, before they could deter
lnine what, II anything, was said, YOn
viii lOOR carefully TO all this testimony,
ANA rom all the circumstances deter
mine what weight you will give IL.
My attention has also been called 10
The question Of motive. 10 ~ said by
counsel for defendant that there IN the
absence In this case OF sufficient motive
10 commit this Oifense. say TO you
there never can be any sufficient motive
for the commission Of crime, There IL
no rule Of law governing II, Motives
may be ~ various AZ the dispositions
ana conduct Of men; some acting upon
slight or no apparent motive, Others net
ing upon great lnducement, The ab'
sence Of motive may we'll enough chal
lenga the attention OF the jury In look
Ing NJ the evidence TO establish the
crime, But II the facts and circum,
stances establish the guilt the motive
for II IL not material. .
| have been requested TO call your At.
tenll0n To two other POINTS. 0ne OF them
In az 10 the positive prof AZ against ne
gatlye testimony. Where witnesses
speak of a thing positively, undoubtedly
greater weight should DO given 10 such
a person than TO those who merely speak
negatively, One who says no sees aud
hears, another saying no did not zee nor
hear, the one seeing or hearing would
DO entitled 10 greater credit, TO greater
weight than one who says no did not
see or hear. This IL applied In This case,
You have a right In looking ut that kind
OF testimony In that way to determine
az TO the opportunities Of seeing and
hearing or any OF the chances OF being
mistaken, chances OF misunderstanding
what was said, and then al4O consider
In this connection, the questions | have
already called your attention 10, the
tilUlOt Miss Mal0ney, II she was In m.
other place where they could not see or
near her. | have already spoken about
that,
Another point that | am requested 10
call your attention 10. Some reference
has been made 10 the wife Of this defend
ant. am requested 10 say 10 you, In
substance, that no inference should be-
drawn p~rejudlcial 10 this defendant, by
reason OF the fact that his wife did not
take the stand In his behalf. will say
10 you that she could not do II under
our law. That has already been said 10
you by the counsel for the State, Under
our law the wife In any criminal pro-
ceeding against her husband Ia not u
competent witness aud cannot testify. |
believe these cover all the requests that
have been desired TO make.
Now, | do not know, gentlemen, that
need farther To call your attention TO
any of tho details OF this matter. | eau,
not too often say TO you that you must
look atall the details and all the facts,
Not merely those 10 which | have called
your attention, but TO every fact that II
u fact, aad every circumstance that Is a
substantial circumstance, you are to
fully and carefully Investigate, From
all this proof, carefully considered BY
you, Ia the defendant guilty or not
guilty Of this 0lfoncep II You lind the
defendant not guilty; that will end your
la60ra, aud In that event you will return
u verdict OF not guilty. Aud II you lnd
from the consideration Of all tho facts
and circumstances Of the case that the
defendant IL guilty OF taking the life OF
Mira, Kirkland, then you Will proceed
lurtber and determine under the proof
and the instructions that | shall here
after give you ~ to the degree OF that
Olfense, Now gentlemen, after looking
at all this testimony In the light Of such
suggestions ~ | have been able 10 make
10 you, without being guided or gov.
| orned by any opinion Of mine, II | have
expressed any, do you lnd tho defendant
guilty or not guilty As | have said II
y0u llnd him not guilty that viii end
your lab0ra, aud you can 30 return you
verdict,
with regard 10 the degrees Of this
ollenae, In the event that you hnd him
guilty, you are then 10 proceed to IN,
Quire. Under this indictment the do,
PENDANT, II the jury should lnd the proof
10 warrant u, can DO found guilty OF
mntderin the lrst degree, or murder In
tho second degree, or manslaughter,
depending entirely upon the proofs Ia
the case IN 10 which Of these 0lfonses, II
either, has been committed, and 10 these
different 0llenses or degrees, | have now
TO call your attention, ana for the rens.
on also that II from the proof you should
lnd the defendant guilty, you will have
IN ll0d, aud In your verdict name, the
degree Of the %oll0nse, aud for this pur'
pose | call your attention to these Of
fensea ~ defined by our statute,
Murder In the first degree, ~ | have
already read, by our statute IN In sub
stance this; "WhOeyer %purpOsely and
VI deliberate aud Of premedltated NAL
Ice kills another. ~ guilty Of murder III
the frat degree, aud shall suffer death"
You will notice that In this lrst de-
gree Of tho OifonSo, there must DO these
combined clements, purpose, d%elibern'
ton, reconciliation aud malice, aud In
thia degree all these muqt he shown by
the proof to have been In tho mind Ol
the defendant NJ tho time Of the alleged
commission " this Olfense, If you llnd
that either ono OF these elements IN
wanting, thon you cannot llnd the Do
fendant guilty OF this degree OF the
Olfenae,
You will, therefore, gentlemen, care
fully look TO this testimony, and II you
llnd that the def ndant took the life OF
Mary n, Kirkland, did no DO II purpose.
lyY Purpose menna Intent, Did he In.
Tend 10 take tho life Of the deceased
Did no do II deliberately DellberOtion
means TO take counsel with ones self
10 wait and re1oct, 10 weigh In The
mind carefully. Did no premeditatl
tho commission OF thls olfonsej
Fermentation means previous do
termination, or previous thought aud
reflection upon II given subject, dealgt
or intention previously formed, Did h
DO II mallciouBlyY Malice In n erin.
inal sense means wicked intention u
do m injury, A corrupt and wicked
motive, attended by circumstances In
DEBATING u heart regardless Of eOCia.
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