The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-31
The aa1ea 1ai1y Eagle griaay gfrorrmg gauary a

! of the deceased, +. II. Leonard, and by
a member Of such conspiracy. at the
time, and that said II. II. Leonard was
| killed by a blow or blows, then each of
| the members as the jury believe from
! the evidence beyond a reasonable doubt.
| TO have been the parties 10 such con-
| spiracy, is guilty Of murder, whether
| the identity of the person in1icting such
! blow or blows is established or not.
You are instructed that knowledge
| of the defendant, that II. Il. Leonard
was killed would not be sufficient 10
find him guilty as principal, or as ac-
! complete, or as accessory, but that you
must find from the evidence that he
either committed the offense with which
he is charged or else that he counSelled,
aided or abetted the commission of said
offense; and in this connection the court
instructs that by counselling is meant
advising, assisting or participating IN
the said offense 10 such an extent that
the said advice, participation or assist
ance aided some one 70 commit said
offense. and that the same was done for
that purpose.
If after this case is finally submitted
TO you, you should be satisfied Beyond
reasonable doubt that the Offense chars-
ed in the first count in the information
was committed in manner and form as
charged in said information, and that
the defendant is guilty, and entertain
reasonable doubt as 10 which of the
two degrees he is guilty, ne should in
that event be convicted Of the lower de-
gree only.
The law requires that the prosecution
must establish every material fact nee
essary to be proven by legal and COM
petent evidence, and that the state must
prove every essential element of the
crime by legal and competent evidence
beyond a reasonable doubt and if the
state has failed TO prove every material
fact by competent evidence the jury
have no right TO supply such omission
10y any conjecture or opinion of their
own, and if, after the investigation Of
this whole case, a single essential ele-
ment Of the offense or a single material
fact necessary to prove some essential
element in the crime or offense charged
has not been proven by competent evil
dence to your satisfaction, beyond
reasonable doubt, you must acquit the
defendant
You are further instructed that cir
cumstantiaI evidence is legal and COM
petent in criminal cases and if 1t is Of
such character as 20 exclude every
reasonable hypothesis other than that
the defendant is guilty, il is entitled to
he same weight as direct testimony.
And you are instructed that what is
meant by circumstantial evidence, in
criminal cases. is proof of such facts
and circun1s tances connected with and
surrounding the commission Of the
crime charged, as tend to show the
guilt or innOcense Of the party or par
ties charged. An in reference TO any
circumstantial evidence introduced in
this case that each and every part and
link thereof must be in harmony and
consistent with the whole, and must not
be inconsistent with the guilt Of the de-
PENDANT Aud you are instructed that
in the different facts that go TO make
up a chain of evidences, each individual
fact that constitutes or makes up the
principal fact and link in such chain,
need not he found true beyond a reason
able doubt but must be proven to your
satisfaction, but each principal fact and
link must be proven beyond a reason
able doubt.
You are further instructed that in de-
termining the question as to the guilt
or innocence of the defendant you may
take into consideration any evidence
tending to show motive or want Of
motive on the part of the defendant
to commit the offense alleged.
1t is not incumbent upon the defend
ant to explain or deny any testimony
which might tend to show his guilt, but
it is the duty of the jury in such case
sOtOconstrue such testimony as to JUS
tify verdict of aCquittal if such con-
struction can reasonable be given.
One Of the defenses interposed by the
defendant in this case is known in law
as an alfbi. An alibi in law means that |
the defendant shows such a state OF
facts surrounding his whereabouts az
that particular time as would make ii
practically improbable or impossible .
for him to have committed the offense .
charged; and you are instructed that .
such a defense is as proper and )egiti- I
mate, if proved, as any other and all the .
bearing upon that point should
be carefully considered by the jury, and
if in view Of all the evidence you have
any reasonable doubt as 10 whether the
defendant was in some other place
when the crime was committed, you
shOld give the defendant the benefit
Of the doubt, and acquit him, unless you
further find from the evidence beyond a
reasonable doubt that said defendant
had counselled, aided of abetted in the
of said offense, as hereto
fore instructed.
Evidence has also been introduced on
the part OF the defendant tending TO
show his good character as a peaceable
and law abiding man prior TO the al
legged killing. Now, in this connection,
the court instructs you that such evil
ience is to be considered by you along
with all Of the other evidence in the case
in determining the guilt or innocence of
the accused. In other words, in deter
mining whether there is or is not rea-
sonable doubt as 10 the guilt of the de-
PENDANT, you are to consider the evil
dence relating TO his good character
and weigh this along with all the other
facts and circumstances in the case.
You are instructed that before you
are warranted in finding the defendant
guilty that each of You must be able to
tru,hfully and conscientiously say that
his guilt has been. established by the
evidence in the case beyond a reasona-
bic doubt, and if. after a consideration
Of the whole case and consulting with
Your fellow jurymen, anyone of the jul
rcrS entertains a reasonable doubt as
10 whether defendants guilt has been
aScaa lIShed. YOU cannot convict the de-
PENDANT, hut YOU cannot acquit the de-
PENDANT unless all the jurors entertains 20
q reasonable doubt.
You are the exclusive judges Of all the
facts appearing in the case. Of the
weight Of the evidence and the credi-
hility Of the witnesses. and in determin-
ing the weight 10 be given TO the testi-
mony Of any witness. you may properly
consider the interest Of any such Wit
ness IN the result Of the trial, his ap-
parent candor or lack Of IT, his d.
meaDor upon the witness stand. and
any other circumstances appearing in .
the case.