The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-10-23
UDG pEAsE's CHARGE.


w. ~ ~ NV VIZ "
llevrs YOU Of your obligation 70 FUN
cOu'id r them,
Now, how Ia his, gentlemen From
III Ib'sa prO'ia what results d. .pu
rrAol,H In ma connection aud a. bear
l'g uuOn lhc question ul
'nN weight lnuli hp Wv
en- 20 these circumstances and
ncts that Nre IN thisscase, some of Which
| have called your attention tn, | shall
read, and adopt the language " the Sn.
preme Court Of this State In passing upon
queeliOns somewhat analogous TO this nj
bar. The learned Judge there said:
"Wllera u crime has been committed, md
has been concealed, as IL alleged in the
present. instance, no that none but the
perpetratOr knows who committed ii, the
discovery Of who did the deed IL q ner.
ally nsocrtRined by the conduct, aud acts,
aud sayings OF the perpetrator himself,
From our knowledge OF the human mind,
aud 20 workings, we expect, with almost
positive certainty, that when il Ia the sole
repository OF No. dreadful a secret, IL will
Affect tle conduct and sayings Of the per-
son. Hence the mind naturally looks TO
these with the most anxious scrutiny, and
would require for its satisfaction, if such
a thing were possible, a complete trans
eript. OF the persons conduct aud aayinga,
Nor Ia there any rule by which the mind
OF the person containing the secret can
be presumed TO influence his conduct and
sayings. The conduct, under the circum.
stances, II generally unnatural. which is
commonly what leads to detection, and
this generally by the observation OF
small, and, taken by themselves, unim-
portant acts. Sometimes u person Ia de-
tected M the author OF crime by showing
an unusual anxiety 10 discover the per-
petrOtors AT other times discovery IL
led to by the PERSONS showing too much
indifference. In some instances OF oh.
servatlon the person appears 10 know too
much about the transaction leads TO tho
discovery at other times the inquiry IL
started by his appearing TO know too
little These are general acta, that in
themselves show no disposition to do
mischief; but IL is because they are nm
natural; because they tend 10 the con.
clnsion that they are produced by n man
conscious OF his guilt that they are prob.
able against the accused. They are in
themselves nothing except ~ showing
the state Of mind OF the party
In the same case / will read from the
same Judge, and 0a a caution TO you, that
1t IL one OF the difficulties necessarily at-
tending the investigation Of a case where
the proof IN not positive, but has TO be
drawn from u chain OF circumatancea,
that too much stress il frequently laid on
trivial circumstances, when suspicion has
once been aroused, aud harsh and erro.
neons oonclusions frequently drawn
against the accused, Where the circum.
stances are rocorcilable upon the theory
OF the Ocouaed's innocence, the Jury are
10 bound to treat them. 10 Ia only where
the facts aud circumstances are %irrecon.
cilable with his innocence that he can be
convicted.
This statement Of this Judge Ia but the
observation OF mankind, II Ia no rule OF
law, II IN simply u record, n faithful
record Of the observations OF man,
Was the conduct OF this defendant, on
tho morning Of this terrible murder, con,
sistont with hia |innocence2 Was IL nat.
urNl that no should have been 40 sleepy
that morning. II waa intimated by some
OF tue proof, in some OF the declarations
aud statements OF the accused, II WIS said
that he was chlorofofmed. How much
weight you will give 30 that circumstance
II IL for you 10 consider. Wa no chic.
roformedp Az / have snid TO you, no h
not bound TO explain why bo wOs in his
house 10 long, He h not bound 10 prove
that he was Chloroformcd. But II he said
TO n witness, IN the witness has said 10
you, that ho was ohloroformcd, Ia There
amy indication IN all this case that that
was truoY Ia that u fabricated circum.
stOnco2
Now, ~ | have said, all those circum.
atOucoa are for your consideration. /
cannot weigh thom for you, II 10 tho
right ct tho State, aud tho right Of tho
defendant, TO have twelve mon weigh
these Iacta, They are Of importance,
both 10 the State aud 10 the defense, aud
nl the circumstances referred 10 by tho
defendant are important for your consid-
Grafton, and II thoy can be roooncilod,
upon amy reasonable rule that you eau
adopt, with the innoocnao Of the accused,
ho would DO entitled 10 any reasonable
doubt In that regard,
| ought 10 any TO you, perhaps, In addi.
ti0n 10 what have said, In regard 10 this
question Of reasonable doubt; II Ia not
for you 10 understand that you are To
hunt up some excuse for this defendant,
You hive II higher purpose, The tutor.
csts OF the people aud your wi oaths
domOud that You should fully consider,
and whom you have fully considered and
weighed all tho evidence, if then YOU
have II reasonable doubt OF his guilt hO ID
Ontitlod TO the benefit Of that doubt.
But II moro cOptioua, artificial, s|ncHkng
doubt no honorable Juror should undor.
tuko to hide himself behind, These arc
grcNb tocta that you should deal with,
These arc groOt circumstances that you
ehould oonaidcr aud ~ we'll for tho pro.
tccli0n OF the defendant IN for tho inter.
o0ta of Tho Slate, Not that they ahould
bo Nrtilloinli they should bO rOal, no that
yen can woigh them In your minds and
uNtinfy your jndgmonta that u reasonable
doubt docs oxiet
Witncaeca have boon called In this oaaC
TO impoOch Mira, Monroe, and the witGeet
GlNeeor for truth aud vOrNcity, Thil
may DO done, but 10 confined 10 thor
general reputation for truth, Had char
Octor IN other respects, while II may have
contributed TO induce people TO speak o
their character Tor truth, Ia not thus pm
In issue, except In tho cNsos of conviction
OF crime, But although you may lnt
that these witnetaea may stand i'm
peOched In their general reputation To-
truth, you should not on that Occoun
merely disregard their testimony, Tut 1
should Induce you TO look with ear
ana caution to their attachments. At
lmpelchod witness may tell tho truth
You should look 10 the r%eaaOnableness o
their statements, the fairness Of thl
Witness In giving the testimony, ant
whether their statements have beef
%cOffoborated by other reliable testl
mOny, or In the circumstances of thl
case, And no In tho casa OF the yOunl
man, Glasser, convicted Of n crime, AMI
receiving thn alnipmnui nf Ihn unfnul