The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1886-11-04

10 snow, and the claim OF the defendant
Is, that at the time when the alleged
homicide was committed, he was in the
village Of Geneva, five miles or more
from the house of said Perry HarTing-
ton. You will'lOOk carefully to the evil
dence bearing upon this question, and
from 1t all determine what the truth is
In respect thereto. If the evidence sat.
is6es you that the defendant was In the
village OF Geneva, at the time 1t Is
claimed by the State that the homicide
was committed, or II the evidence upon
that question either taken by itself or
taken in connection with the other evil
dence in the case, raises a reasonable
doubt In your minds Of the defendants
guilt. you should acquit the defendant.
A failure of the evidence to satisfy you
that he was In the village of Geneva at
the time In question would not afford
any presumption that he was present at
the time and place, when and where the
crime Is alleged to have been commit
ted. The defendant Is not compelled to
account for his whereabouts on the
night OF the alleged homicide, and his
failure to giVa satisfactory account of
his whereabouts at that time would not
authorize an inference or presumption
to be drawn that he committed the
crime, but if he at any time freely and
Voluntarily undertook to give an &C.
VOunt Of his whereabouts on the even
cog Of the homicide, and at the time the
State claims the crime was committed,
and in giving such account he made
false and untrue, OF contradictory state
ments concerning the same, and you are
satisfied beyond reasonable doubt that
he made such statements, it would be
your duty to consider the evidence that
he made such false, untrue or con radio.
tory statements, and give to each such
weight as you think 1t Justly entitled to,
under all the circumstances including
his age, circumstances and condition of
mind at the time.
Experts, both medical and those who
have made the nature and properties of
human blood special study, were ex
amined in regard to some matters In dis
pute between the State and the defend
ant. These experts were allowed to tes-
tify and give their opinions on account
Of the special skill and knowledge they
had acquired from study and practice in
reference to the matters to which their
testimony referred. Notwithstanding
their special skill and knowledge, you
are to decide upon the value of the tes-
timOny and award to them, all and each
Of these experts, such weight as you
may think their testimony deserves.
The credibility of witnesses who have
testified In this case, as we'll as the
weight ald effect of the circumstances,
are solely for your consideration and de.
termination. In weighing testimony Of
witnesses, you should take into consit-
GRAFTON the reasOnablenes ess and pTOba-
bility of the story they tell when on the
witness stand, their strength of men,
ory, whether they are c0ntradicted or
sustained by any reliable testimony in
the case, any interest which any wit
ness may have or feelings In the case,
and any other proper considerations de-
VelOped by the proof, which may aid you
In arriving at Just conclusion.
The court has not attempted and will
not attempt to call your attention to the
details of the VOluminous testimony be-
fore you. You will carefully consider it
all and from 1t arrive at such conclu-
sions as shall satisfy your judgments
buu yUuE CUuoUl6uCbbs
This is 3 case of the first Importance,
not only to the defendant, bnt also to
the State, and the duty with which you
are charged ls one Of the most solemn
and sacred that can devolve upon citi-
zen In any relation Of life. 1t is essen
tial to the peace and welfare of society
and good government that every guilty
man be punished, when his guilt is es.
tablished by the measure of proof re-
quiTed to convict of crime In court OF
justice. You will readily appreciate the
Importance to the defendant, because il
involves his liberty and his life. You
should bring to the consideration of this
case your most careful consideration
and deliberate judgment. You should
not allow your minds to be Influenced
by considerations of sympathy fol-
the deceased, or for his family OF
friends, or for the defendant, or his
family or friends. You will have fully
discharged your duty to the State and
to the defendant, If, when your verdict
Is made up, after careful cOnsidera
ton of the law and the evidence, you
can truthfully say that you have con-
scientiOUsly discharged your solemn Obll
cations to make 1t TRUE DELIvERANCE
between the State and the defendant
The great gravity of the charge and the
extreme caution with which you have
been selected adm0nish you that yOuI
verdict should be approached with gTeat
care, and when reached should be the re
suit Of your sOundest and best judgment
upon the whole case.
The law requires that you should re-
main In BODY until you agree upon {
verdict, or until you are otherwise dis
charged by the court. During all you
deliberations you must be most careful
to permit no one to know the state o.
the same, and to permit no one to sp
prosch or converse with you concerninG
anything that is trsnspiTing In the jury
room.
You may render any one of the follow
ing verdicts: II you find the defendant
guilty under this indictment, you will
specify In your verdict under which
count you find him guilty, and whether
of murder In the first degree, murder In
the second degree, or msnslaughter, anC
scQuit him Of the other crimes charged
in the indictment. II you find the de
fendant guilty Of murder in the first de
gree, you will specify In your verdict
under which count you so find hin
guilty, and acquit him of the Other
crimes charged in the indictment. II
you find the defendant guilty of murder
In the second degree only, you will
specify in your verdict under which
count you so 6nd him guilty and scquit
him of the other crimes charged In the
indictment. If you find the defendant
guilty Of manslaughter only, you will
specify In your verdict under which
count you so find him guilty and acquit
him of the other crimes charged In the
indictment. II you should find the de.
fendant not guilty, you will return a
general verdict of not guilty.
Under directions from the court