The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1885-05-26

there is reason to believe that it occurred
in some other way, or by other means
than as charged he cannot be convicted
Is there reason 10 believe that the wound
was inflicted by some mere accident or
misfortune Is there reason to believe
the wound was suicidal act of Rotten.
burg himselt2 1s there reason to believe
the shot was fired by some unknown
person concealed about the premises
II is material for you to inquire whether
Rottenburg had loaded pistol In his
possession at the time be went to the
stablep If he had loaded pistol 10 his
possession at that time may the wound
have been caused bv its accidental dis
charge, or is there reason to believe that
he Intentionally used it upon himself ?
You are to consider all the facts bearing
upon the ques,ion-the place and di-
rection Of the wound, the mark, go far
as proven, upon the horse, the probable,
OF possible position of Rotienburg at
the time he received the wound and
whether it was in place where it could
reasonably be believed that he inflicted
it himself, either intentionally, or by
some accident. Can it be reasonably
believed that it was an accident which
Rottenburg himself did not then UNDER
stand, and which he mistakenly sup
posed was an attack upon him by de-
tendant2 In relation to the question Of
his attempting suicide. look to the state
of mind of Rott nbutg before and at
the time, and whether he had DISPOSE
tion. or motive for such an act or mo-
tive for making criminal charge against
defendant
In examining the case you will look
to the time, place and surroundings of
the transaction as disclosed by the evi
dence; and in the light Of these facts and
circumstances you will look to and care
fully consider the direct testimony OF
Rottenburg and the defendant. You NAV
take into account the position and inter-
est of the defendant as the accused per-
son and see whether that interest has had
an effect upon his testimony; and on the
other hand take into account the condi-
ton of mind and the conduct of Rotten
burg at the time OF the transaction. Did
he then know and understand what was
trsnspiring, and as to which he testilies,
and has he related what be knew and un.
dersiood truly? As tn both Of them look
to their manner of testifying, compare
what they say with the circumstances
which have been satisfactorily proved,
and ascertain how far the testimony OF
the one and the other is corroborated
and sustained, or contradicted-how far
reasonable or unreasonable, and after
such an examination you will give to the
testimony OF the defendant and Of Rot.
tenhurg such credit as you ind it is en-
titled to receive.
When the testimony is cor ficting and
cannot be reconciled, you will ascertain
go far as you can what is true and what
is false, and you will give effect to the
true and reject the false. II you find that
a witness has sworn falsely as to any
matter material to the case you are not,
therefore obliged to disregard his whole
testimony; but you will compare it With
the facts otherwise proved, and act upon
the testimony of such witness with great
caution
A large number oi witnesses have tes-
tilted, without exception, to the previous
good character, as a citizen, of the de-
fendant, and you are to take this testi-
mony into account as part OF the whole
case IN determining the question Of his
guilt, and give it such weight as in your
judgment it deserves. 1t is less likely
that person OF good character will
commit crime than one Of bad, or no
character. Experience unfortunately,
however, shows that persons OF previous
| ly good character do sometimes, though
| it may be seldom. fall suddenly into
crime. The previous good character
renders guilt less probable, bnt will not
relieve from responsibility where the
|commission Of crime has been fully pro-
ven. The law presumes every person
accused to he innocent aud former good
character strengthens this presumption.
The facts necessary 10 constitute the
crime must be proved beyond reasonable
doubt before defendant can be convict
ed. Human testimony and judgment are
fallibIe and absolute certainty is not al
ways to he attained by such fallible
means. The degree OF certainty of
proof required in criminal case is such
as will leave no reasonable doubt in the
mind after careful and conscientious
use of the reason and Judgment Of the
jury The doubt that will authorize an
acquittal must have some reason for it,
not one that is hmnted up for the purpose
OF acquittal II you lind that it has
been duly proven that defendant shot
Rottenburg, the other questions in the ca.e
are as to the malice and intention with
which he shot. As to the malice, if be
purposely shot him without Justification,
excuse, or mitigation, malice is presum-
ed. As to the ention,-defehdan
may be presumed to have intended to do
what he did do, and may be presumed
to have intended and to have contempla
ted the necessary and probable conse
quences of tis acts. If death was the
natural and probable consequences of
the use of the weapon he used, in the
manner he used it, be may be presumed
to have intended 10 kill. He is presum.
ed, as l have already SAID, to have inten.
ded the natural and probable consequen-
ces OF the acts which he purposely COM
mitted Under this Indictment II you
find that be Intentionally shot Rotten
burg with pistol ball, and maliciously
shot him with intent TO kill, your verdict
may be a general verdict of guilty, as
charged 10 the indictment, for the intent
to kill includes the intent to wound and
TO main. II you find he was guilty
merely of the intent to wound, then your
verdict will be guilty as charged in the
second count and not guilty as charged
in the first and third counts. II it has
not been fully proven that be com mitted
this crime If all the facts constituting
the crime have not been fully proven by
the degree of proof required by the law
your verdict will be not guilty.
The Jury retired at 81 O'Clock ann
at ii O'Clock sent word that there was
no probability of sn agreement. The
crowd then left the court room for their
hrv