The Irish standard., 1895-03-09
III AND Nd IE CITY y y.
;JuDGI sa1ITHI,s CHARGE {;

he Bexins Forthyvfth II the Close -
o1 H:rry,vin's speech II
Judge Smith began his charge TO the
Jury at 10:15. He said:
Harry T. Hayward il charged with muir
der in the first degree. which is defined By
the criminal code, and ia punishable with
death when preTnedftate This indictment
contained two counts. One charges that
the defendant with premeditated design
did kill and murder. her BY procuring
Claus Blixt to shoot her. That Blixt per-
petrated the act with the same premedfta-
ton. @fi 8.i5 I. Il.
The second court charges defendant with
the same crime by shooting her himself
personally. There mas been no evidence
To sustain the second charge, and the first
charge alone was now claimed The defend
and could only be convicted, II at all. on the
first count, under the laws of this state.etc.
So If the defendant procured Blixt to do this
and Blixt did IT, although Hayward was not
present, ne would be principal inSthe act
itself if it was premeditated. This would
Yustify charge Of murder in the first de-
gree.
according to the evidence the verdict must
be, not guilty, or it Will be, guilty.
The fact that this man has been indicted
does not remove presumption Of innocence.
In order to justify you in bringing verdict
you must be satisfied beyond reasonable
doubt 1t must be such conviction In
your minds as to be a reasonable moral GER
tatnty that the charge is sustained. f33E
Jurors in criminal cases should not con-
yict only on evidence that establishes guilt
.,evond a reasonable doubt
In this case the proof is beyond any
reasonable controversy as to death.
It is claimed by defense that she was
killed by blow on head. It matters not
whether death results from one cause or
another. To what extent the defense has
discredited Blixt's testimony is for you,
gentlemen, to say. They say his test-
mony was conflicting and you have q
right to take into consideration the condi-
ton of Blixt's mind that night It IL
necessary for you to be satisfied that Blixt
killed Miss Cling. Second. that Hayward
melted.
II, when you retire, you are satisfied
that Blixt killed the girl, you may pro-
oeed; If not. do not consider the verdict
further.
But II Harry did incite, as charged, your
verdict will be guilty.
The corroborative evidence must be sub
oorroborated by sufficient testimony. The
state claims that ,corroborated by Adry
Hayward. CircumstantiaI evidence must
be corroborated by other evidence. There
must be positive proof Of the facts from
which reference Of guilt Is to be drawn
In this case, the state Is not relying on
oircumstantial evidence, but has positive
testimony Of BMxt that he killed her and
the positive statement Of Adry Hayward
few days before the murder that Harry
said he was going to kill her.
You have right to consider all the
circumstances offered as evidence, and say,
when considered, whether they constitute
proof to satisfy you that Blixt killed Miss
Cling.
If not, your verdict must be not guilty.
II satisfied, you will proceed further. I,
has more than circumstantial evidence
The direct testimony OF Blixt and Adry Il
supported by many circumstances.
On the question CT motive, the state
claimed to have proved that the motive In
this case was to obtain money. That the
accused had lost all, or nearly all, the
fortune given him by his father and thai
In order to replenish his exchequer hi
planned the crime, that he might realize
on the life insurance. The state claims
that If Hayward ever lent Miss Cling an,
such amounts Of money as he claims t.
have done, he received it all back bef0r,
she was killed The testimony in supper
of these claims was to be caretull.
weighed and given the fullest scrutiny ii
deciding it's worth.
The state claimed in evidence that Adr.
Hayward had reported to Elder Stewar
the intention to commit this crime, an
the defense had not called Elder Stewart
to disprove it.
In judging of the credibility Of these
witnesses the jury was entitled to consider
their attitudes on the stand, the reason
ableness of their statements and the con-
6iions under which they testified. If it was
believed that any witness had testified
falsely, it was at liberty to discard his
evidence, except wherein confederation
from other reliable source established its
credibilty. s4
4 If it was apparent that any witness was
possessed Of i'll feeling against the accused
that also might be taken into considera-
tion. 1t would also be considered If the
jury found that any witness had given
testimony on promise OF IInmun1ty IFOIu
punishment. That also must be carefully
weighed.
This case was to be tried on the same
lines precisely as any criminal case, no
matter how slight its Importance. The
Jury had nothing to do with the punish
ment to be inflicted. No attention was to
he paid to the utterances Of attorneys on
either side as influencing the verdict, but
when the evidence was placed In the jury's
hands by the court, 1t was the duty OF the
jury to decide, after Weighing It carefully.
whether it was SUFFICIENT to sustain the
charge against this defendant.
IT the evidence satisfies you that tho
defendant Is guilty, It will be your duty
under the law, to return with . verdict ct
guilty. II there exists In your minds. after
considering the evidence. - reasonable
doubt, your verdict will be not guilty. :"
The case went to the jury ct 1914.
s,si SPLENDID PROGRAM.
The Lyceum Clubs Enter tainment at Har.
monia Hall, March 18th.
Judging from the excel Of the pro.
L 4 SA>.A ~r2 xk}