Savannah courier. (Savannah, Tenn.) 1885-1979, 1885-11-12
Thirteenth Day.

EMPoRIA, KAN. November 3.--The thlr.
teenth day of the Walkup murder trial
opened with crowded court room, and as
usual Mrs. Walkup, her mother and Miss
Mary Jay, came in all looking very much
refreshed after Sundays rest. Judge
Graves, after some little argument by the
counsel on both sides, decided not to put
any limitation on the length of the argu-
ments, and then proceeded to read his in
s,ructi0ns to the jury, Mrs. Walkup was
IA very attentive listener, as was her mother
and others interested.
After defining the law in regard to muir
der the Judges charge was substantially as
follows:
In your deliberations you will constantly
bear in mind and be guided by the follow
ing fixed and long established rules:
The burden of proof rests upon the
prosecution, and does not shift or change to
defendant in any phase or stage of the
case
The defendant is presumed to be inno-
cent of the charge made against her-innO-
cent of every act alleged to have been done
and innocent of the guilty intent and
this presumption remains aud con.
tinues in her favor and furnishes
her with complete protection
until the crime charged and every element
and ingredient thereof, and the defendants
guilt of the same has been established by
the evidence beyond reasonable donbt.
If y0r believe that any witness has will
fully and c0rrupty testified falsely as to
any material fact then you will be at lib
erty to disregard the whole of such wit
ness testimony. If, as is often neces-
sary, as in this case for the State. to re-
sort to and rely upon circumstantial evil
dence and as there is a popular impression
TO the effect that it is dangerous to convict
upon this testimony alone, which impression
may possibly be present with some of you
l deem it proper to say that the law
does not so regard it; but on the
contrary, when circumstantial evidence
satisfy the legal rule concern
ing the rights OF the defendant,
it will be as fully practical, and convic-
ton thereon will certainly be as just as
when founded upon the most positive testi-
| mony.
Before defendant can bs legally con-
victed by circumstantial evidence, every
| fact proven must be consistent with
his or her guilt And more than
this, must be inconsistent with any
other reasonable conclusion. When the evil
dence reaches this degree of certainty, 1t Is
safe to say that the defendant is guilty and
that the jury ought to so find
Before the defendant can be convicted
each of the following facts must be estab
lished by the evidence beyond a reasonable
doubt:
First-That J. R. WaIkup came to hi.
death by poison.
Second-That said poison was admins
tered to him by the defendant.
Third-That said poison was admins
| tered by the defendant willingly. know
ingly and with the intention of taking his
life.
Fourth-That said J. r. Walkup actual,
died from the effects of the poison so ad
ministered to him.
Ii you entertain reasonable doubt as II
the existence of any of these facts you will
acquit the defendant 1t is not necessar.
In every criminal case to establish motivl
at all. Its presence or absence is, however
a circumstance for you to consider in con
nection with all the other evidence in tn
case, whether there is sufficien
evidence to satisfactorily establish tn
defendants guilt regardless of any motv
or not, and if not, whether an adequate mo
tive has been established or not are ques
tions for you to determine from the evl
dence in the case.
Mr.. Sterry in fOrcible argument of sey
eral hours then opened the case for tn
prosecution. followed by Mr.. Dodd, VIII
spoke with great effect for the defense
These two speeches occupied the create
part OF the day. Mr.. Buck spoke briefly TO
the prosecution when Court adjourned.