Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1894-05-04
isfied as the law requires, beyond d

been produced who sa W the act CON-
mitted, hence the evidence upon
which the state relies is only circum-
stantial. This kind of proof is, in
the abstract, nearly, though per-
haps not altogether, as strong as
positive proof, or the testimony OF
eye witnesses, and in some cases it
may be even stronger. A fact posi-
lively sworn to by a single eve wit
ness of questionable character, for
truth and veracity, is not SO salts
factory proved as fact which is
the necessary consequence OF Il chain
of other facts sworn 10 by many
other witnesses of undeniable credi-
bi1ity. Circumstantial evidence is
such a chain of facts and circum-
stances connected with, and sur
rounding the commission Of the
crime, as satisfies you beyond a real
sonable doubt as to the guilt OF the
defendant and when the evidence,
although circumstantial, is sufficient
to satisfy you beyond a reasonable
doubt as to the guilt of the defend
ant, that is sufficient to Justify a
verdict OF guilty.
1t is the duty of the jury in this
case to consider whether or not the
state has shown any motive for. the
commission of the crime with which
the defendent is charged. However,
while want Of motive may be materi-
al, yet motive need not I've shown by
direct evidence, it may be inferred by
the act itself, or from all the
facts and circumstances shown in
the trial if the evidence is sufficient
to Justify such Inference
In considering this case the jury
have a right to take into cOnsidera-
ton all the facts, testimony, sur
rOundings and circumstances as dis
closed by the witnesses and as
shown in the case. tits conceded by
the council on both sides that the
deceased was undoubtedly murdered
by some person and it was a most
foul, deliberate and wicked act. The
question for you to decide is as to
whether the defendant on trial is
the guilty party. In connection
with the other facts and circum-
stances in the case, you may also
consider the acts and conduct of the
defendant after the commission
of the crime, as tending to show
whether they were the acts and con-
duct of an innocent man. Take into
consideration the testimony of the
doctors as to the blood stains and
appearances of blood on the defend
ants clothes and hands and as to
the hair in connection with the
other evidence of the case, and give
the same just such weight and credit
as in your Judgment it is entitled
to. Ordinarily the testimony of ex-
perts, doctors, as to matters relat-
ing to their profession, and not of
common knowledge, is entitled to
more weight and credit than the
testimony Of ordinary witnesses,
but the jury are the exclusive Judges
of the weight and credit to be given
to their testimony, as we'll as all the
facts and evidence in the case. In
determining what weight and credit
you should give the testimony of the
various witnesses on both sides,
you may take into consideration
taei: manner of testifying, their de-
meanor upon the stage, their appar-
ent candor or lack of candor as the
case may be and the reasonableness
or unreasOnableness OF their story.
You may also consider the character
of the witnesses as shown by the
testimony and then give the testi-
mOny of each witness lust such
weight and credit as you think it is
entitled to.
The defendant has testified in his
own behalf and you may consider
his testimony but like the other evil
dence in the case you can give his
testimony just such weight and
credit as you think it is entitled to;
and in determining what weight and
credit should be given his testimony
the jury may take into consideration
the fact that he is the defendant in
the case and interested in the result
OF the trial.
And, if, after a careful sand con-
scientious consideration OF all the
evidence, facts and circumstances
you have any reasonable doubt as
to the DEFENDANTS guilt it is your
duty to give the prisoner the benefit
OF the doubt and acquit him. On the
other hand. if, after a careful consid-
GRAFTON Of the evidence in the case,
you are satisfied to a moral GER