Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1891-06-11
GIVEN TO THE JURY.
rhe Fate Of Benson and Mrs. Rautzahn In
the BaIance-Judge Riner's Charge.

The Fate of Benson and Mrs. Rautrahn In
the Balance-Judge Riner's Charge.
LEAvENwoRTH, Kan, June 10.-In
the Mettman case Judge Riner charged
the jury as follows: After citing the
statute under which the i'm Is
brought the charge proceeds:
sin the trial of a criminal case two
propositions are involved-was the act
done and was it done by the person
charged? In considering these ques-
tons you will ascertain from the evil
dence whether a crime was COM
mitted at the place mentioned in
the Indictment the identity Of
the accused and a corpus deficit
desire to call your attention to dis
tinction which must be made between
civil and a criminal case as to the
quantity or degree of evidence neceS-
sary to justify you in finding verdict
of guilty. In civil cases the preponder-
ance of evidence is to decide, in GRIM
inal cases the accused is entitled to the
legal presumption of innocence In
| doubtful cases this must turn the scale
in the defendants favor, unless you are
convinced he is guilty beyond reason
able doubt
| What is a reasonable doubt? 1t is
not mere possible doubt. 1t is that
state of the case which, after compari-
son and consideration of all of the evil
dence in the case, leaves the minds of
the jurors in that condition that they
cannot say that they feel an abiding
conviction to a moral certainty of the
truth of the charge. The burden of
proof is upon the prosecution. All pre-
sumptions of the law independent of
evidence are in favor of innocence until
his guilt shall be established by the ev-
idence. If upon such proof there is
reasonable doubt remaining in your
minds, the accused is entitled to the
benefit of it by an acquittal,
for it is not sufficient to establish
a probability, although a strong one
arising from the doctrines of chances
the fact charged is more likely to be
true than the contrary. You are the
Judges of the weight of the evidence
and the credibility of witnesses 1t is
your duty if possible to harmonic the
evidences upon the theory of innocence.
The circumstances taken together must
be of a conclusive nature, producing
in your minds a reasonable and
moral certainty that the accused is
guilty. The law makes the accused
a competent witness in his own behalf
and you are the Judge Of the weight
which ought to be attached to his testl-
mony You should give his testimony
only such weight as you believe it to
be entitled to in view of all the facts
and circumstances proved on the trial
His interest in the result is a matter
which you may properly take into con-
sideration in determining what weight
should be given to his testimony.
Though Mary Rautzahn was jointly
indicted with Charles A. Benson, your
investigation only concerns Charles A.
Benson. If you find that she assisted
in committing an offense, the law Is
, that one who stands by and aids, abetS
or assists is a principal and is to be
) punished accordingly. Circumstantial
: evidence is in the abstract nearly as
strong as positive evidence. In con-
crete cases it may be indefinitely
stronger. The only difference between
positive and circumstantial evidence is
that the former is more immediate and
has fewer links. A fact positively
sworn to by an eye witness
may not be so satisfactorily proved
as a fact which is the necessary con-
sequence of a chain of other facts
. | sworn to by many witnesses, If, there
> fore, the evidence in this case convinces
: You that the defendant is guilty, you
are bound to find him guilty. You are
4 not to look to the consequences OF your
r verdict. A juror violates every duty II
: when his reason and Judgment are en-
: tirely convinced of the guilt of the &C
, cused be acts against such conviction
: from feeling of humanity.
: THE questions then to be considered
by you are:
"First-Is the person alleged in the
| Indictment to have been killed in fact
dead.
n "Second-Did she come to her death
in either of the ways described in the
u indictment?
n ''Third-Was the offense committed
on the Fort Leavenworth military
Il reservation?
e "Fourth-Did this defendant commit
e the offense or assist at its commission
e 'If you can answer these questions
d in the affirmative your duty is plain to
s say so by your verdict, but If you have
a reasonable doubt you must acquit-
d But the doubt must be reasonable. II
d must not be a doubt about the policy,
Justice or binding power Of the law or
e in any way growing out of the degree
of punishment which may follow con.
viction."
At the conclusion of the charge the
S Judge directed the bailif to conduct
e the jury to its room, and, if an agree
y ment was reached, to return sealed
verdict
NO SMALL DEMAND.