Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1884-02-14

heard II such consideration asyou think
Is due TO them with the aid Of the rules
Of law which have suggested for your
guidance. All the ecircumstahces which
appear in the evidence are tolbe eonsid-
cred In their relation to each other.
You are TO see, not whether each one
may be explained away, not whether
each one shows guilt, butt whether all
together point In such direction as to
indicate one result only, And that re-
suit the guilt of the defendant. Ifit,
does so beyond q reasonable doubt to
your minds, then 1t Is your duty to find
him guilty; If IL fails to do SO, If it
points elsewhere, or IL all which points
towards him is not enough to remove
from your minds all reasonable doubts
as TO his being the person who commit
ted the Offense, then it Is your duty toy
say that he is not guilty, because he is
not guilty unless the State by evidence
which it has produced has sustained the
burden upon 1t, which is, to satisfy
your minds beyond reasonable doubt
that the defendant Is guilty of one of
the crimes included in the indictment.
If it has failed to sustain that burden i'm
all respects, so as to remove from your
your duty to find him not guilty.
Gentlemen of the jury, the law makes
you the exclusive judges of the credi-
bility of witnesses and of the weight to
be given to the evidence. You doubt
less observed their manner in giving
evidence-whether they appeared to be
truthful. whether they appeared to
stand fairly the test of cross-examina-
ton, whether they were interested or
not in the result OF the trial-from these
circumstances, and from such Others as
may have appeared to your minds, you
should determine the credibility of the
witnesses. You should scan the mo-
tives of the witnesses and the tempta-
tions to untruthfulness, if any, under
which they, or any of them, give evil
dence, and apply such tests as good
judgment dictates. You should not suf-
fer yourselves to be drawn away by
speculative or imaginary theories con-
cerning the commission of the Offense
with which the defendant is charged
which do not naturally and nationally
arise from the evidences examine, how
ever, every rational theory which has a
proper foundation in the evidence.
There are two great errors to be guard
ed against in the administration of
criminal justice: Erroneous convic-
tiOns and erroneous acquittals. Neither
sympathy for nor prejudice against the
defendant should enter into your judg-
ments.
The. case Is an important one-im-
portant alike to the State and the de-
fendant. If the murder charged has
been committed in your county-if
human life is, in an enlightened and in
telligent community, so insecure that
woman in herquiet and paceful home,
without cause or provOcatiOn is cruelty
murdered-it is important that the
guilty party be brought to punishment.
On the other hand, 1t is important to
the defendant that he should not be
convicted, unless the evidence fully
warrants it. YOurresponsibility there
fore, is great; and with great care and
consideration should you determine
this case. With the result that follows
your finding you have nothing to do.
If the evidence warrants conviction of
any one of the crimes charged in the
indictment, you should not shrink from
such finding. Ifthe evidence does not
warrant such finding, you should be
equally as ready to return verdict of
not guilty.
Gentlemen, but single question ul-
timately addresses itself to you; in view
of all the legal evidence in this case,
are you satisfied beyond reasonable
doubt that the defendant Wesley john
son is guilty of any otfense charged in
the indictment? If so, your duty is
plain; you are to say SO. Yov are to
adjudge truly from the evidence and
the law as given to you, and when you
have done so, your responsibility ceases.
l charge you to be upright and impair
to yourselves, to your oaths,
and to the law.
One of your number will be appointed
foreman. When you arrive at a ver-
dict, reduce it to writing. Your fore
man will sign it, and you will return it
into court.
1 have prepared forms of verdict, and
as you find, so you willuse such form.