Telegram-herald., 1889-10-24
THE JURY STILL OUT
The Jurors in he Hoyt Case TAX
ing Their Time.
10 SOlCREEAEyIATlOCLOCETHlSAA.
The Jadge's Chsrge-sent out at
O'Clock Yesterday AfteruOon-A Ne
porter Viess Their DeiiDer@ti~As
Ihroagh the window.

MT. Earle, DF. HOyt's attofAefs DNN1-
pied about half an hour 81 the opening
OF the superior court yesterday morn
ing Ia finishing ais argument. Asst
ant Prosecutor Knappen then made Ms
closing plea, occupying the rest OF the
forenoon, and an hour or more after
dinner. Judge Burlingame delivered
as charge 70 the jury. and they were
sent out a. about o'clock. The Judge
began ms charge 10y reading chapter
BIOS, of HOwelps statutes, one apper-
tanning TO such cases, which fixcs the
penalty OF a fine not exceeding 500, or
one year IN the county jail, or both, IN
the discretion of the court. The prose-
cutiOn, he said, rested their case upon
the fourth count of the Information,
which refers 10 the use OF certain ~
struments used 10 procure the abortion.
All question OF the administration OF
drugs was left out. The court received
twelve requests 10 charge on behalf OF
the people, and ten on behalf OF the
defendant.
The requests on the part Of the peo-
pie were, briefly, that in order TO estab-
lish a case against the defendant ii Is
necessary TO establish the facts as
to the physical condition of
Maggie Steinbauer at the time the
crime was committed; that the instru-
ments were used for the purpose Of
producing miscarriage; that the neces-
slty for such prosecution did not exist,
nor was il done by the advice of two
physicians. The respondent having
testified III the case, the jury IS 10 give
his evidence all the weight II
is entitled To IN their estimation,
and If the Jury believes it 10 be
true they may give il credit above all
other witnesses, and may even base an
acquittsl upon it, but are under no OBJ
legations 10 do so. On behalf of the de-
fendant the court charged that good
character is an important fact with
every man, and never more so than
| when he IS put on trial charged with al
| Oifense which Is rendered improbable
| to the last degree by course OF life IN
| consistent with such a crime. Good
| character may not only raise doubt OF
guilt, but it may bring convictions OF
innocence.
The court instructed tne jury that
evidence of previous good character
competent evidence IN favor OF
a party accused as tending tC
show that he would not be likely to
| commit the crime alleged against him
| And in this case, if the jury believe
from the evidence that prior to the
| commission of the alleged crime the
defendant had always borne good
| character among ms isacQualntances and
in the neighbOrhoOd where he lived
| then it is a fact proper to be considered
! by the jury with all the other evidence
in the case in determining the question
whether the witnesses VINO have testl-
| fed to facts tending 10 crimirate him
| have been mistaken or have testified
| falsely or truthfuliy. And if after care
! ful consideration of all the evidence IL
the case, including that bearing on his
! good character, the jury entertain any
| reasonable doubt OF the defendant
| guilt, then It Is their sworn duty TO ac
quit him.
The court instructs the jury as a
| matter of law that the defendant ma:
! put in evidence his general reputation
| for morality; that such evidence IS per
I missable under the law and j. 60 be con
sidered circumstance in this case. Bu'
the court further iusIructs the jury that
j If from all the evidence in this case they
are satisfied beyond a reasonable doubt
OF the gulit of the accused then II i
the duty of the jury to find him guilty
| Notwithstanding the fact that hereto
/ fore the accused has borne a good
/ character for honesty and mortality.
At2 O'Clock this morning no agree
| ment had been reached. A reporter
strolled around . the city hall at tia
hour. The jurors hac been taken int
/ the court room in order that they NIGH
/ enjoy the warmth, and the reporter
watched them for a few moment
/ through the glass doors. Some OF then
were grouped about a table and seemed
I 10 be discussing the case; others were
/ playing cards, and still others rcclmni
on the benches Evidently tney were
in for the night, and appearances lndi
| Gated a disagreement.
1 q