The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-28

State of every material fact and circum-
stance necessary 90 constitute guilt
80 Each juror is entitled 10 his honest
opinion, and If an individual juror en-
tertains reasonable doubt as TO the guilt
OF the defendant. he should not agree 10 a
81 What is reasonable doubt as to any
TACT or circumstance necessary to be proved
must ultimately be determined by the jury.
ana II may arise upon the evidence, or
from the want of evidence; but 1t has been
defined 10 be where the evidence fails 10
produce In the minds of prudent men such
certainty that they would act upon the con-
vlction produced voluntarily and without
hesitation In their own most important
affairs, and in matters affecting their dear
est interests. The rule as to a reasonable
doubt Is meant TO be a rule for the guild
ahce OF prudent and reasonable men; The
phrase reasonable doubt'-aS L think you
VIII have the right to determine-does not
mean mere imaginative or speculative
oouot as to the mere possibility of inno-
ceDce; nor does Ii require that you shall
De satisfied of the guilt of the defendant
Deyond mere possibility of error or mis-
take; but it does require that you shall be
SatlSned 10 that extent, at least, that is
above indicated in this instruction.
81 You are the judges Of the weight of
Witnesses, and you should consider the
Whole evidence and reconcile conflicting tes-
uiInony, III you can, and reconcile it con-
slstently with the defendants innocence if
you can; but IL is within your power to be-
IieVe or disbelieve a witness. or believe a
part or the testimony Of a witness and dis
DeIleVe another part of it, according as you
snail md the truth to be- and In determn-
tng these matters. it is your province to
ldhe INTO account the conduct and demean-
or OF the witnesses while testifying, their
opportunity TO know about the matters
ins winch they testify, their bias. feel
ing, or indifference, in relation TO the case,
II any, their prejudice. or interest, If any,
anu any other patters in evidence which
might affect their testimony If any. And
even though impea ching evidence has been
Introduced against witness, you may still,
II you md II Is proper to do so, believe
0f tHyftn rIn 6afa nd
ant in all criminal cases is a competent
witness in his o. her own behalf, and in
to be received and weighed by you in the
same manner that the testimony of other
witnesses is received and weighed.
80: Some evidence has been offered on be-
half or the defendant tending to show q
previous good character for peace and
quietude. This evidence is important for
you to take into consideration in your de-
hberations along with the other evidence
In the, case. If the evidence shows that the
defendant was person of previous good
character II Is TO be considered as a cir
cumstance in her favor tending to disprove
quit, and may be given such weight as un-
der all the evidence and circumstances of
the case the jury may think proper. But
II you should be satisfied, upon considering
the evidence. that the defendants guilt is
shown beyond a reasonable doubt, then the
evidence as to previous good character Is
no longer an element in the case for. your
consideration upon the question of guilt or
innocence
ALL LIES WITH THE JURY.
"a. You are the exclusive judges of the
law and of the evidence. 1t is made the
duty of the court to instruct you as to
the law, and it endeavors to do so fairly
and impartially, and accurately, but it's in
structions are advisory merely.
IS. Under indictment charging muir
der in the first degree, as in this case, you
may, If the evidence warrants it, find the
defendant guilty of lesser degree of hon.
icide, such as of murder in the second de-
gree, or of manslaughter. and If there is
a reasonable doubt as to which of two or
more degrees of offense the accused is
must be of the least degree.
&c. If, when you have retired conferred
together, and considered and deliberated
upon the evidence, you should find the de-
PENDANT not guilty, your verdict will be a
general verdict of not guilty. If you find
her guilty it will be your duty to fix the
penalty which she shall suffer If you
should find her guilty of murder in the first
degree, the penalty is either death or i'm
prisonment in the State prison for life. If
you should find her guilty of murder in the
in the State prison for life If you should
find her guilty of manslaughter, the pen
atty is Imprisonment in the State prison
for not less than two years nor more than
twenty-one years.
81. When you have retired to consider
the case IL will be necessary for you to Sc
lect one of your number as foreman. and
IL will be his duty to sign your verdict, if
you agree upon one.
49, Forms of verdict have been prepared
and will be submitted to you.