Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1888-10-12

reference to one theory Of the state-.that
the respondent acted in sudden passion.
aroused by something that may have oc-
CURED after Dodge went into the Office
Keeping in mind the presumption Of in
nocence as / have explained the question
is, assuming that you have found the fact
| that somebody caused the death Of this
woman by unlawful means, does the evi-
dence point to the respondent as the guilty
man so strongly that you are satisfied of il
| beyond reasonable doubt. If so. then was
1t murder in tue first or second degree, or
was it manslaughtcr
The Judge here again explained what
evidence would be required to warrant the
finding of murder in either degree, and
said that If the jury fail to find that made
out, then the verdict cannot rise above
manslaughter. The subject of the i'm
peachment Of witnesses was also taken up
and the rule applying to this explained at
length When evidence is introduced,
Judge Neazey said, tending to show that a
witness has said one thing in court and
another thing out Of court, or at previous
time, all the circumstances must be kept
in mind it must be remembered that the
human memory is ialihle, and that no two
persons see and remember the same thing
exactly alike 1t must also be remembered
that some truthful witnesses are greatly
| embarrassed in court, while some untruth-
ful ones are not. If testimony on the trial
varies from that given at the magistrates
hearing, the jury must consider the cir
cumstances they must remember that at
an examination following very soon after
an arrest for an alleged crime, the import
ance of the facts and their bearing on the
surrounding facts are not so well under
stood as when they are stated on the wit
ness stand in the court room.
THE RESPONDENTS FAILURE TO TESTIFY.
Allusion has also been made, and l think
counsel have suggested l should state to
YOU the law upon the subject to the fact
that this respondent has not taken the
stand and testified in the case Formerly
parties to suits in court in civil cases could
not testify under the law; after a while
our legislature, following those of many
other states, provided that they might tes-
tify. Later still think it was in that
order it is immaterial 80 our legislature
passed an enactment providing that the
respondent, if he is under the charge of
crime and on trial in court. might testify;
and | will read the act which is upon the
statute book, so you may see just how the
whole thing is, and nothing more.
In the trial of indictments, complaints. infor-
nations and other proceedings against persons
charged with crimes or other offenses, the person
SO charged shall, at his own request, and not
otherwise, be deemed competent witness, the
credit to be given to his testimony being left sole
~ to the jury under the instruction Of the court;
hut the refusal Of such person to testify shall not
be considered by the jury as evidence against
him
This is so plain do not see how it can
possibly be made any palmer by enlarge
ment.
IN CONCLUSION.
Now, gentlemen, you have heard the evil
dence of witnesses, the arguments Of coun-
sell and the instructions of the court. |
have laid before you the rules of law ap-
plicable to this case upon the issues made.
The final question comes to you under this
evidence and these rules Of law, Is the re
spondent guilty, or is he not guilty. Which
ever way you decide, such will be your
verdict. The case has been thoroughly
tried at great length and expense, and
should be decided. 1t is not uncommon
that cases submitted to the jury produce
different impressions upon different mem
bers of the panel There are twelve of
you. 1t often happens that some think
one way and some another way, upon the
/ evidence in the case. Now when that hap
| pens jurors should be exceedingly careful
| and not let the fact that there happens a
difference at first stand in the way of
most candid and fair consideration of the
case between them. You should have no
| pride of opinion because you may have
| expressed view one way, and one of your
! fellows. or the rest of them, another way
| you should not say to yourselves, Now |
will stick and make them come to me -
| you should rather say to yourselves each
/ one of YOU. These other men upon this
panel have come to a different conclusion
| from me | must look carefully into my
own mind without any bias or prejudice or
pride of opinion, and see whether | am
certain that l am right myself Treat
each other with absolute fairness as just
men listen with patience to each others
views and reasons.
have cautioned you in the course of
this trial heretofore that you had better
abstain from discussion before this time, in
order to avoid the possibility of being in
fuenced by each other while the case was
going on, instead of being solely influenced
by the evidence but now the time has
come that it becomes your duty to consult /,
and | wish to appeal to you in the strong
est manner, every man upon the panel to
treat this case with absolute fairness to
himself to his fellows, to the parties, and
not let anything come into his mind that
shall in any way interfere with its just and
final conclusion.
1t is not a question of mercy or of sym
pathy. These are noble sentiments of the
human heart, and are to be daily exercised
in many instances. They are to be exer-
cised here only so far they enable you to
get at the truth You have a stubborn line
of duty to follow, as just men acting under
your oath of office, 1t is a grave and sol
emn duty, therefore, to be performed with
deliberation and care, and without respect
TO any person or favor of any man, and in
the exercise of your best faculties.
have intended not to say anything that
should give you any clue to any impression
of mine, as to how this case should be de-
cided The responsibility of the decision
rests wholly with you That is your prov
ince, and have not intended to invade it
My parting injunction to you is, to weigh
carefully aud impartialy all the evidence
in the case Give it the weight which il
deserves in its several bearings, and nc
more Then if subsequent events should
show that you have erred in your final re
suit, you will yet be sustained by the con
sciousness of having done your duty thu
best you could and | have no doubt bu
YOUR verdict will be correct.