The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-03
JURY HAS NOT
YET AGREED.
CONTINUED from Page -

was so situated Il t he had an OPP
portunity to commit the crime and his
confessions are consistent with such
proof and corroborative of it, then
such confessions may be given such
weight as you may think under all the
circumstances they actually have, as
proving the truth Of the charge"
BY REQUEST OF THE DEFENSE.
BY request Of TIE defense the follow
ing instructions were given by his
honor:
IF the prosecution in this cause
claim to have estab lished the corpus
dilecti or the body of the offense out
side Of the statements and confessions
OF the defendant. by circumstantial
evidence, 1 charge you that it must be
of such facts and circumstances shown
10 be true as tend 10 prove clearly by
reasonable and fair inference and logi-
cal and direct deduction, the fact of
the commission of the crime, and they
must also be such facts and circum-
stances as are incompatible upon any
reasonable hypothesis with the in
nocence OF the accused and incapable
of explanation upon any reasonable
hypothesis other than the defendants
guilt; and the chain of circumstances
you are instructed as a matter of
law that a defendant charged with a
crime cannot be convicted upon his
statements and admissions alone. Tn
less there is some evidence outside of
such statements and admissions tend
ing to how that an offense was com
mitted, the defendant must be acquit-
ted
The body of the offense in this case
is the payment of money as charged in
the indictment to Morris with the par
tlcular intent therein charged; and I'M
less there is some evidence tending TO
prove that the money was so paid and
with the intent charged in the indict-
ment outside of the mere statements
and confessions of the defendant, then
Your verdict should be not guilty.
Even though the jury should be-
lieve that the defendant paid Norris
money or agreed to pay him money for
entering into the contract and that
such money was thereafter paid in
pursuance of shat agreement and only
in pursuance of that agreement. and
not for any other purpose, then the de-
PENDANT cannot be convicted.
You are instructed that as the gist of
this offense is the payment of money to
Morris with the particular intent charg-
ed in the Indictment, you would not be
justified under this Indictment of find
ing the defendant guilty for paying
money TO Morris for any other pur-
pose than for his vote or act in accept
ing the furniture and making the ap-
preparation for the payment.
Before the defendant can be convict
ed you must find from the evidence
beyond a reasonable doubt, that on
some particular day and al some par
ticular place within the county of Salt
Lake, the defendant paid some specified
nd n firaf+ -,r
ris, and that Norris received it and
that 1t was paid to Morris to bride him
to vote for the acceptance of the furni-
ture, and to vote for an appropriation
to pay for the same.
Il instruct you that the burden of
proving this offense is at all times upon
the government and it has to be
shown by the testimony on the part Of
the people beyond d reasonable doubt,
and the people cannot ask for con-
Nlctlon upon a want of testimony or
showing on the part of the defense
Il charge you that in considering this
case You must consider that there are
two elements in it; first, the body of the
offense which, in this case. is the giving
of a bride to Morris and the receipt of
the same by him with intent to bribe
him to vote for the acceptance of the
furniture and to vote for an appropria-
ton 10 pay therefor; and second. evil
dence showing that the defendant is
the person that gave the bride AS to
the first, l charge you that the crime
itself-that is, the body of the offense
as have just defined it to you-must
be established by testimony outside of
any statements or confessions or mo-
tive on the part of the defendant; and
in considering that you cannot con-
slider or take into account any such
statements or confessions or evidence
OF motive, and unless you find such
facts TO exist that is to say that a
crime was committed outside thereof.
you should return verdict of not
guilty. Evidence of statements. con-
LESSONS, admissions and of motive can
only be considered by you in fixing
upon the defendant as the person that
committed the crime after it is shown
cy other evidence that crime was
committed
1T will not be sufficient in this case
to convict the defendant. that Won
should believe that at some time. at
some place, some amount-without be-
ing able TO definitely fix either the
time or the place or the amount-the
defendant paid to Morris some sum
of money to corruptly influence him.
The guilt of the defendant cannot be
determined upon the doctrine of
chances or proba Utilities or conjecture
or supposition; it must be found TO
exist as substantive. definite fact with
time, place and circumstances and un-
less this is done your verdict should
be not guilty.
By the statute under which this
prosecution is brought the intent is the
material part of the crime 1t is the
very gist Of the offense, and must be
proved strictly as laid and charged in
the indictment. Any other or different
intent even though all the other facts
charged in the Indictment should be
found to be true, would not warrant the
conviction of defendant"
The jury was then committed to the
care OF a bailiff who conducted them
TO private apartment for delibera-
ton.