The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1894-11-10


lieve from the evidence that the defend
ant Worden abandoned the idea and in
good faith withdrew from the conspiracy
and left the conspirators before any
actual damage was done to the track, you
should find the defendant not guilty.
Now. gentlemen of the Jury, instruct
you. that it is your duty as sworn Jurors in
this case. to act fairly and impartially in
TINS matter; not to allow any previous
/ opinion you may have formed to have
any influence upon your minds in deter
mining the guilt or innocence OF this de-
fendant, and If you can possibly account
| Tor the death OF the deceased upon any
other reasonable hypothesis or theory
than that the defendant did it, or aided or
abetted those who did it, you should find
the defendant not guilty, for it is not
enough that you may firmly believe
from the evidence that it is more proba-
bic that the defendant is guilty than he is
innocent, but you must be satisfied be-
yond all reasonable doubt, after full
and fair consideration of all the evidence
and surrounding circumstances in the
| case, that on or about the l1th day of July
last the train was Intentionally wreck ed,
and that defendant wrecked it, or aided
and aDetted those who did.
Every person who unlawfully removes
rail on any railroad in this State with
the intention of derailing any passenger,
. freight or other train, is guilty of felony,
which may be punishable with death;
and If by reason of so removing such rail
a train is derailed, and by such means,
/ with malice atorethouhgt, person will
tully, deliberately and premeditatedlv
| Kills human being, or aids and abets in
! such killing, he is guilty of murder i'll
the first degree. And If you find from
the evidence in this case beyond rea-
sonable doubt that the defendant, S. ID.
| w orden, IN person or in concert with
! do of Tlllv
1894, did unlawfully remove a rail on the
! railroad between the city of Sacramento
! in the county of Sacramento, and Davis
vile, in this county and state, with the
intention OF derailing any passenger,
| freight or other train, and that by
reason of removing said rail train was
derailed and that by means thereof the
said defendant, 5. ID. Worden, in person
| or III concert with others did, in this
county. willfully, deliberately and pre-
meditatedly kill Samuel C. Clark, you
should find said defendant guilty of muir
der in the first degree, and you should so
| find, even though he was not present at
the commission OF such crime, if you
| lind that he knew of and had advised
and encouraged its commission.
the term reasonable doubt" which
has been so frequently used in these in
StructonS, is one somewhat difficult of
| definition. 1t is more easy to say what il
| Is not than what it is. More than fifty
! years ago an eminent jurist defined it as
| that state of the case which, after an en-
| tire comparison and consideration of all
| the evidence, leaves the minds of the
jurors IN that condition that they cannot
| say they feel au abiding conviction, to a
moral certainty, of the truth of the
! charge. This is concise definition, but,
| IN my opinion, something may vet be
added by way of further explanation.
AS matter OF law the doubt which the
| juror is allowed to retain in his mind and
| under the influence OF W hich he should
find verdict of not guilty, must always
! be reasonable one, DOUBT for which
reason can be given. 1t does not mean
! that all possible doubt should be re-
moved. and that the guilt of the defend
! ant must be demonstrated to mathe-
NAUTICAL certainty, but the evidence must
! produce such certainty as convinces
and directs the understanding and salts
lies the reason and judgment of those
who are bound to act conscientiousIy
upon It, 1t must not be merely Specu-
| lative, conjectural or imaginary doubt,
! bE the doubt which will Justify an ac-
| qulttal must not only be a reasonable
one, but must arise from candid, fair,
and impartial consideration OF all the evil
| dence III the case, or from a want of suffi-
Gent evidence en- behalf of the Drosecu-
ton to convince you of the truth of the
charge.
If, after considering all the evidence.
you can say you have an abiding conVic-
ton of the truth of the charge, you will
then be satisfied beyond a reasonable
doubt. a juror is not at liberty to dis
believe, as juror, what he believes as a
man. The rule of law which clothes
every person accused OF crime with the
presumption of innocence, and inposes
upon the prosecution the burden of es-
tablishing his guilt beyond a rea-
sonable doubt, Is a humane pro-
vision, intended to guard, so far as hu-
man agencies can, against the danger of
an innocent person being unjustly pun
ished, and is not intended as a shield I'M
der the cover of which one who is in fact
guilty may escape the penalty of his
crime.
In the light of these instructions Won
should weigh all the evidence in the case
carefully, calmly and deliberately, and
arrive at a conclusion as to the guilt or
innocence OF the accused. The law has
surrounded persons accused of crime
with all these safeguards for the protec-
ton OF innocent men and not to provide
way for the escape of the guilty The
law demands no sacrifice of the innocent
IN Its vlndlcation, but may be INDICATED
only by the conviction of the guilty.
There have been prepared for you, gen.
tlemen, three blank forms of verdict
which, by consent of counsel, you will be
allowed to take to your jury room. The
hrst Is, after the title of the court and
cause: I'VE, the jury, find the defendant
guilty OF murder IN the first degree"
The second verdict is as follows. after
title OF the court and cause: 1--WE, the Jury
IN the above entitled cause, do find the
defendant guilty of murder in the first
degree, and tx the punishment that he
shall suffer at confinement in the STATE
Prison of the State of California for life.U
The third verdict is, after title of court
itlr yir,t
titled cause, do find the defendant not
guilty."
Judge Grant concluded at II NJ, and
the case was given to the jury. The
instructions were very lucid and care
fully prepared, analyzing exhaustively
the law bearing on the case, and clearing
up the fog of little MISUNDERSTANDING
that beset the laymah's mind and max
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