The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1891-08-13

public, said defendant acted in good faith
TO carry out her requests by the methods
above mentioned, then and In that case,
you should take all the facts and circum.
stances into consideration and In deter.
mining whether or not the use OF said
message, and the said taking OF her said
body home In a carriage at the time and
In the manner claimed, would be any
evidence against the defendants,
tending to show the crime charged
In the Indictment. And II you should
entertain reasonable doubt that the said
defendant sent said message and dispatch
and took said body home, for the purpose
OF concealing his guilt, then said reasona-
BILE doubt ought to be resolved In favor OF
the defendant.
Much has been said during the argument,
and already in the charge OF the Court, TO
the effect that the State must prove be-
yond a reasonable doubt, every material
allegation and avermept In the indictment
and every material element in the crime
charged. A reasonable doubt Is q doubt
based on reason, and which 10 reasonable
In view OF all the evidence. Not an unrea-
sonable doubt, not an idle, captious or
frivolous doubt, not doubt gotten up in
the minds OF the jury or OF juror for the
purpose of acauitting, but a reasonable
doubt, an honest doubt, such doubt as an
honest, fair-minded juror acting under his
oath, would have after weighing all the
gle to the discovery of the truth. And II,
after an impartial comparison and consid-
Grafton of all the evidence, you can can
didly say that you are not satisfied OF the
Defendants guilt, you have a reasonable
doubt. But after such impartial compar-
ison and consideration OF all the evidence,
you can truthfully say you have an abid-
ing conviction OF the defendants guilt.
such as you would be willing to act on in
more weighty and important matters re-
| lating to your own affairs, you have no
reasonable doubt. But II you can recon
reasonable hypothesis consistent with the
defendants innocence, you should do so,
| and in that case find him not guilty.
A verdict Of guilty ought not to be re-
| turned, without full proof, such as will ex-
| clude all reasonable doubt. The law is
too human to demand q conviction when
| q reasonable doubt remains in the minds
l OF the jury. You will be justified and are
l required to consider q reasonable doubt as
existing IL the material facts, without
l which guilt cannot be established, may
fairly be reconciled with innocence. In
human affairs absolute certainty is rarely
attainable from the nature of things rea'
sonable certainty is all that can be at
tanned on many subjects.
When n full and candid consideration
OF the evidence produces conviction oi
guilt that satisfies the mind to a reason
L aole certainty, mere capuouS or ingen-
GUS artificial doubt is of no avail.
You will look then to all of the evidence
and IL that satisfied you OF the defend
ants guilt, you may say so. Ifyou are mo-
fully satisfied, but find only that there art
strong probabilities of guilt, you should
not find him guilty. Before defendant
can be found guilty, every juror must bt
convinced or satisfied beyond a reason
able doubt Of the guilt of the defendant al
charged in the Indictment; and II one ol
more of the jury entertain such reason
able doubt, the defendant can not prop.
l erly be convicted.
| III, under these Instructions, from all the
evidence In the case, you find the de-
fendant guilty as he stands charged in the
Indictment, you will say so by your yer
dict, and you will find him guilty as hC
stands charged in the Indictment. If yol
find him not guilty, you will say in you
\ verdict that you find him not guilty
When you retire to your room, you vii
sappoint one of your number foreman, anC
1 when you have agreed upon verdict, yol
| will reduce II to writing, have your fore
man sign il, and return with it into court
Blank forms of verdict will be furnished
you, You may now retire.