Daily independent. [volume] (Elko, Nev.) 188?-1915, 1895-11-02
Durrant Fonnd Guilty.

Attorney barnes this morning reSum-
ed his argument for the prosecution
in the trial of Durrant.
Opinions of large number of fam
GUS justices were read to show that
circumstantial evidence might be
as strong and conclusive as direct
testimony. Also he pricked numer-
our flaws in Durrant's testimony and
at it's conclusion declared that the
whole abb was lie.
District Attorney Barnes closed the
case with an eloquent peroration in
which he asserted verdict of guilty
was the only one possible from the
evidence.
Judge Murphy in charging the jury
said, after preliminary review of the
case, EVERY person accused of crime
Is presumed to be innocent until his
guilt is proven beyond reasonable
doubt and established to moral GER
tainty. Reasonable doubt does not
mean mere conjectural doubt or capri
cious doubt or possible doubt, but it
means that the evidence must satisfy
the mind, conscience and judgment
of the juror. Probably no criminal
charge can be proven beyond pos
sibility Of doubt or error or to a per-
feet certainty. Moral certainty is all
the law requires to prove any fact.
The prosecution is not called upon to
prove the guilt of prisoner to demon
stratlon to absolute certainty and be-
You'd possibility OF doubt, for such
evidence is rarely if ever attainable.
Our Supreme Court says when the
jury is satisfied to moral certainty
and doubt that then they are sat-
istied."
Judge Murphy referred to the de-
PENDANT on the stand in his own be.
half and said as to the truth Of Dur
rants story of his movement on
April Sd, the jury should consider his
manner when giving the testimony,
! also the question as to whether or not
/ he had contradicted himself, his re-
lation to the case, and whether his
statements are borne out by others and
! the consequence to him resulting from
this trial. The attempt of the accus-
ed to prove an alibi would not move
the burden of proof from the State.
| The jury was cautioned as to mistakes
! in identity, but reminded that where
there is reason for observing per-
son witness was not 80 likely to be
mistaken. If no motive for the kill
ing is apparent this is circumstance
in favor of innocence. A motive may
not be apparent in many cases of
homicide. The jury must determine il
the motive was a hidden desire for
7 vengence or that a passion existed.
No witness has been produced who
saw the act Of killing, and hence it is
urged the evidence is only circum-
stantial and consequently entitled
to only an inferior degree of credit
But circumstantial evidence may be
just as strong and convincing as di-
rect evidence. The fact sworn to by
one witness may not be 80 strong or
30 satisfactorily proved as is the fact
which is necessary in consequence Of
a chain of other facts sworn to by
many witnesses of undoubted credi.
bility.
The fury in the Durrant case we're
given the case at $3.50 o'clock on con.
clusion of Judge Murphy's charge,
which occupied one hour and thirty
minutes. Attorney Dickinson for the
defense took an exception to the en-
tire charge.
The jury in the Durrant case re-
turned verdict ofguilty after being
out twenty minutes.
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