Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-28

o
and substantial, not mere possibility or specu.
lation 1t must not be a mere possible doubt, be-
cause everything, perhaps, rel ting to human af-
fairs, depending apon mere evidence, is open to
so some possible or imaginary doubt. The mind
a juror Is in n tate of reasonable doubt when,
after an entire comparison and considera-
ton Of all the evidence, his mind liz left in that
scientiOnsly, but feels an abiding conviction
to q moral certainty as 10 any material point
in the indictment; that is, = certainty that di-
and Judgment. The juror ia not authorized to
I raise an artificial or captions Doubt, in order to
speculative donbt which can have no warrant
in reason or foundation In fact. The doubt he
relies rpon, should, therefore. be real, and
| honestly and fairly entertained after all reason
able effort has been made By the Juror to find
out the true state of facts,
Upon retiring for the consideration of yeur
foreman. Your verdict viii b oral and Be- Be-
foreman. Under the instructions which have
if You should find the defendant not guilty,
your verdict will be mot guilty. Should you
lind the defense of insanity sustained. and
s,on OF the act, was insane, OF in such . condi-
ton of unsound mind that he was incapable of
knowing its wrongfulneas, the form Of your
sanity Should you find the defendant guilty
of murder, you are permltteds under our statute,
to designate in your verdict whether he shalt
- ~. St0sA - W LII AoA
life at hard labor and your verdict will be
guilty as charged in the indictment" desig-
mating msat s. The L panis sh.qsa as sS death ern i% ginS ON
defendant guilty. of manslaughter in tho first
degree. your verdict win be guilty Of man
defendant guilty Of manslsnghte IN the second
degree, then your verdict will ba: equity of
manslaughter IN the second degree"
that You are to be governed By the evidence
which has been adduced before yon. No jury
MAI after he has retired to consider his YER
dict, will be permitted to disclose any fact that
may have been ~fnown<to him, which has not
been adduced in evidence. If any Juror knew
any fact that waspertlnent to the case lit was his
have given his evidence from the stand. Meth
or are you to be governed Or controlled by any
matters that may kave occurred inside Of the
court room which are not in evidence In the
case. Any impression or opionen which you may
have entertained before YOU were swsrn; if any
suoh you have must be entirely. discarded; you
must decide impaItially according to the evil
dence given here in court, apart from all pre-
iudice, bias or sympathy.
My duties are at an end. Your more impor-
tant duties are now to Laws against
homieids are enacted and enforced because So
ciety Is full OF wrongs and temptations to com
passion. The law must be left to maintain its
own dignity and to enforce its Own decreea
through the constituted tribunals OF its own
according to your aolemn oaths. You must
not qualify its positive commands by misplace
ed sympathy or morbid clemency for the de-
PENDANT, nor clamorings for vengeance from
the people. You must discharge your
duty at whatever hazard; however painful or
dlsagreeable. Nor manhood, nor honor
or the restaints of conscience nor the
solemn mandates of the law allow you
to decline the solemn mandates of yonr
duties, nor to hesitate in their execution.
The highest and most important duty
imposed upon the American citizen
now rests upon you-a duty to the
government whose laws it is alleged
had been broken-a duty to this defen-
dant who is alleged to be irresponsible
and innocent. Trusting that you will
perform these duties in accordance with
your honest convictions of right, the
law as / have given it to you and your
solemn oaths. / leave the case in your
hands.
INSTRUCTIONS ASKED FOR.
The jury in the Diokey case was ont
all night. This morning at half past ten
O'Clock it came into court and asked for
some additional instruction. The jury
wanted the definition of word .homi-
eide" and the extent of the punishment
therefor, and wanted some information
relative to the degrees of granddaughter
and the punishment provided for each
degree. All this was furnished by the
court and the jury returned to it's
quarters.
THE.yERD1cT. 7
AT half past eleven o'clock this fore
noon this jury returned to the court
room and announced that it had agreed
upon a verdict finding the defendant
guilty of manslaughter in the first de-
gree. After the usual ve~rifcation Of the
verdict the jury was discharged.
The penalty for manslaughter in the
first degree is imprisonment in the PEN
itentiary. for any number of years not
less than four, the court to fix the num-
Der of years to be served by the convicted
party.
The attorneys for the defendant gave