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

cutiOn or such plan or purpose she ad-
caused her death, as charged in the in
dictment. then IL will be your duty 10 find
the defendant guilty.
QUESTION OF MOTIVE.
IS. IL certain motive does. in fact, i'm
pei a person to commit a crime, if ii is
sufficient to move such person to the per-
petration of a crime. il must be adjudged
sufficient by the triers of the case, when
such question is presented for decision, re-
gardless OF the character of such motive,
and without reference TO whether such
motive may seem a reasonable and suffi-
Gent one to- any other person; but if a
certain motive is asserted by the State.
and IL becomes material to establish IL, as
in this case. then in determining the ex-
istance OF the motive. or whether 1t is
shown beyond a reasonable doubt. you
motive asserted, and whether under all
the circumstances in the particular case
II embraces elements of reasonableness
and probability.
IL. AS bearing upon the question of mo-
tive. in relation to the particular death
charged, the State has been permitted TO
Introduce evidence concerning the previous
deaths of the father and daughter or
Charles l.. Koesters, not for the purpose
OF showing or tending TO show inherent
wickedneSs or depravity in the defendant,
you should not consider ii for any SUCH
purposes. You may properly consider II
only in so far as ii tends-if it does so
TO show a purpose or plan on the part or
the defendant TO accomplish certain END,
and a system by which such purpose was
To be accomplished, and TO connect all the
deaths Herewith, and as bearing-lf IL does
so-upon the question as TO how poison
came into the body of Clara boosters, IL
any was found there
Is. If there is no evidence before you
To
defendant or any other person admins
ter poison of any kind to Clara koesters
then YOU will be justified I'm determining
that IL guilt is shown as charged in the
Indictment, il must be by proof OF facts
and circumstances offered for the purpose
OF connecting the accused herewith; sucn,
for instance. as evidence tending TO show
that the defendant had motive of some
kind to do the deed-a purpose TO be ac-
complished. which the death or the de-
ceased might aid or facilitate, the pur-
chase or possession of poison about the
time of or prior to the alleged homiclue,
and all other matters in evidence bearing
upon the charge as 1T relates to the de-
PENDANT
49, In a case where it is charged that a
certain person feloniously caused the deatn
of another the State must, in the absence
of direct proof, depend for conviction upon
circumstantial evidence-that Is, evidence
offered FOR the purpose OF tendlng 10 e stao
fish a state of facts pointing TO the accuseu
as the guilty person, and In order 10 suS-
tain a conviction upon such evidence II
must be OF a character so conclusive as 70
exclude every reasonable hypothesis OF
Innocence. II the facts proved are suS-
ceptible of explanation on any reasonaot,,e &c
hypothesis consistent with the delenuant !, .
innocence the defendant must pe o'od q re
ard IL any one or more facts proved are
susceptible of explanation on any redsolia-
BILE hypothesis consistent win tne ueiS ~,
ants innocence IL is the duty OF the jury
to so determine.
CIRCUMSTANTIAL EVIDENCE.
% II Is not necessary that each separate
item of subsidiary evidence depended upon
Inv the State i'm such a case 70 make out
the facts necessary to be shown to constl-
tute the offense charged shall be proved
beyond a reasonable doubt. but every fact
and circumstance necessary 10 constitute
a11ilt of the crime charged must be SO
proved. and the whole evidence must De OF
such a character as to prove the ultimate
fact of guilt beyond a reasonable DOUBT
and if. upon considering all the evidence
as to the facts and circumstances bearing
upon such ultimate fact a reasonable doupt
arises as to whether the accused Is guilty
such accused must be acquitted
u The true test by which To determine
the value of circumstantial evidence III re-
spect TO it's sutticiency TO warrant cotiNIo
ton of crime is not whether tne P roG3l
ia hlishes circumstances which are conslslehss
or which coincide with the HYPOTHESIS OF
the guilt Of the accused, out WnTtheI eIe
circumstances satisfactorily estapilsn5u SUI. q" &c
of so cOncIusive a character ana point SO
surely to the guilt of the accused as 10 eA-
Guide every reasonable hypothesis OF her
% The mere coincidence of given mum
ber of circumstances, with the hypotnesls
of guilt or that they Will ACCOUNT tol, ~; 0t
concur with, or render probable the sul'
oS the accused is not reliable or adlnls-
sable test unless the circumstances rise ~
such a degree of cogency ana force as ~
the order of natural causes thu eIi0 -
excIude TO a moral certainty, every otntr
hypothesis except the single one or quit guilt;
% In a case resting upon circumstance "a,
evidence IL any one or more factS necessary
to the conclusion of guilt be not proved, OF
he satisfactorily explained away on ny :
pothesis inconsistent with quit, IL pIeans
the chain of circumstantial evidence upo oa
which the Inference of guilt depends, ana
however plausible or apparently cOnslstehl
with the hypothesis of guilt the otner raH Hir-
81 While the rules above stated, win re-
spect TO circumstantial evidence, are iIli-
portant. it may also be stated LOT So oS +bet
snectful consideration, that you may Iiiii ma :
sIich evidence is in its nature capdOie vi
the highest degree of moral 'tertalntys anu
the mere fact that the oniy evrutnre
tial is not of itself. by any means, sunicle si
TO Justify an acquittal, for II II Is sun,
Gent TO convince you OF the deiehuan ~,
eniIt with that certainty required py ife
toxy that IS all that is required TO Justify
q verdict finding her guilty.
% If circumstances wnn 1t re rei'a accounted
for and explained consistently WIN liin %
cence il is a necessary conclusion thal "
the extent that the explanation assumes eiIS
degree and force OF the 1n,,sd or
cunnstarces. the latter are weakened Vi
81 Where words, acts or any particular
Kind Of conduct on the part OF an accused
~ 80 depended upon by the State. as circurn-
stances tending to show guilt you may IN
determining what weight or force they ar are
entitled receive, N any take INTO -
Grafton co far rs the evidence dlscloSes H.
The situation OF the parties concerned In the
inquiry the circumstances under which the
words were spoken, the acts done, or the
M rticular conduct pursued, or explanations
cor corning the same ana srGn o'iier
q So III YOU find, upon considering the
evidence that the State has proved facts
and circumstances relating 10 acts or con-
duct of the defendant towards Charles l.
BOOSTERS and members of his family, in
the matter OF presents, personal attention.
touching the dead. or other matters, IL VIII
be proper for you 10 consider 50 Iilr as the
evidence disclOses Il to you, the situation
of the parties concerned, the relations they
Sustained toward each other, and all other
alDlicable matters, in determining what con-
struction you shall place thereon. givine
with innocence, If you reasonably can, but
AT all events in accordance with the truth
as YOU shall ascertain IL TO be.
% IL you find that circumstances are
moved relating To the deaths and the man.
ner and causes thereof, or persons 9th IT
than Clara Koesters, then in determining
what bearing and weight such circum-
ST noes are entitled to receive, If any, upon
the question of the death and the manner
and cause thereof, OF Clara koesters. and
as TO whether the accused is feloniously
responsible therefor, you may consider, SO
FAR as disclosed by the evidence, the rela-
ton of such persons 10 Charles l.. Koes-
tiers the position occupied by such persons
in his family, what influence they would be