The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-10-16

ei1sis- = 70 you- cusy e rsvs a. ~ th@
sFsssace In the case q far arx careful
eorssdsrztfcr- II ss nos necessary fer rra
e acc awning as e. ere roSrsy sna
ie 10 whi1h this alleged s~d1ctscr an.
= o Leasry isox risce- To tssaueh 70 %
esfhssy snoS % 20 have ssxua. inter
course with ferafe ef IRE esserfgtio-
sheRsf i1 the Information As % .@xsu~-
usn. ! ~ sts's what arts r~rxuaxlors
% Inducements are nsf ss-esxnt 20 eor-
ssfsgts tie e~s-se
ffss-Cs asrs premises Sc-a - ssf-
nrses' sxesrt p-s-s.s - marriage
erc-au of those acts. such "a hug
Sng, Kissing. Indecent feeling e Ere ue~.
q ne fernahe alleged :. have s~er
sSisced snd 6shsncAea he essscf -
Nhaeh was - sxrss- ard trsrsr~~ re- rar-
ssou, WI rot answer the purpose 70 as
thsa M cHergs O. seduction
iHifd-E ne consent q ire female a
ooiains1 hy ths err 90 ruorev sswsiry.
cfesses- Or any other conslsey.fso~ ruafs
70 pcrenar- her consent; ard ste eczserfs
q sex2al Intercourse for any or al q
,n-se combinations. II h net ssdsestor.
~ re alleged -~1sfcer tells ire ssryrxfs thss
5s Loves her. and I. shs loves hlrn ara y.
ssts Der shaf 4 T. nos -rorg fer pess0us
wno love each other g have sexual cor
n"ctinr. snf she has age ard intelligence
enough . knew that /; In wrong il is ret
sufficient
Prem fhs above brief statement n VIII
spTsar that al promises. representations
or Inducements mentioned are not xs.eTi-
Gent to found couvietson upor n csses
q this kind The promises. representa-
uens o. INDUCEMENTS ofhsr than thoxs
which have mentioned must be OF q char
acteF % gain the couaaenre OF the woman
and exers an undue influence over her gen
crazy In ccnsie.x ring the seductive arts.
y any have been proven outside OF those
have nsntione6 a. not being sufficient
you VT take into considerat lon the aga
ana inteiiigenss OF the parties IL the com
planning witness vas old enough and had
know edge enough % understand the de-
Ssas or the defendant you wiii consider
that fact You VIII also consider his age.
position and standing You will also corr
si3eF Whistler she was old enough and had
intelligence enough 20 know that what 30
ssic wa. false. II he said anything AMI
that she vas eotng wrong by ccnssnf!ng
70 as embraces II the evidence satisfies
yea that 50. Gid consent. II ID necessary
for the state 70 show that she dfd con-
vest. II that fact has not beer shown be-
yoni q reasonable doubt. then your verdict
ought 70 DC not guilty. Or Il the evidence
satisfies yoa beyond q pazonahis doubt
that she did not consent. thsn the oHense
described IA the information has net been
proven. II II an essential eiensnt ia the
offense or crime alleged IL the Information
that TIE femaie's consent must have been
obtatt.d through the seductive arts of the
defendant, II che consented at all
The time mentioned IN the information
SIS the date OF the seduction and de-
haaching mentioned tl.Seln II the z0th Of
January. 1870. The state n It's proof Is not
bound By this date. but may prove that
the crime alleged took place at any time
before the fling Of the information and
within three s.ars prior thereto. but the
state. having Fixed date. BY its proof Is
bound thereby.
''You are 70 decide this case alone en- the
evidence submitted 10 you during the prog
mss OF the case and the law applicable
thereto. as given by the court. The court
r. responsible for the law Of the case and
declares to you what the law Is az applied
to the facts OF the case. You are not 10
e.clde this case By what the prosecution
or state said II would prove. or by what
the defense said Il would prove. bat only
By the facts admitted in evidence.
sone OF you may be married, some
.nge some OF you may have families,
others none. None OF these things ought
TO have The least influence with YOU in
determining this case or influencing your
verdict therein.
The defendant has entered the plea OF
not guilty. This puts in issue al OF the
facts which the state must prove beyond
= reasonable doubt before you can ind
verdict of guilty. The state must prove
beyond a reasonable doubt that the de-
PENDANT VAS present az the time the crime
ALLEGED was committed. II II has been
shown you that he was elsewhere at said
alleged tlrne or ~ upon The evidence there
n a reasonable doubt Ia your minds as 20
his presence. you ought 20 give him the
henedt OF that doubt and ind him no.
guilty.
You are the exclusive Judges OF the tes
timony and 20 the weight and credit 10
be attached or given 10 the testimony OF
any witness. or 10 any other species OF
evidence submitted. You viii De slow TO
believe that any witness has deliberately
and purpcssiy sworn 20 that which Is not
true. II you upon Investigation End that
any witness has willtuliy and knowingly
IN a material matter sworn % that which
Is false you are at liberty % disregard his
whole testimony so far as Is Is net cor
federated by other testimony. II Wit
ness has been tnpearhed by evidence Of
bad character FOR truth and veracity, you
are at liberty % disregard his testimony
20 TAR "a II is not corroboTated by other
testimony. All acts Of a. unehsstc char
seter On the part Of The prosecuting Wit
nes- subsequent 20 the soth % January sre
10 be disrekarded BY you unless they ara
or corrchoratt5ns o. previous
unchaste conduct. y any on her part
Admission. or confessions on the part 90
the prosecuting witness or AZ ether wit
ressss made subsequent 20 the soth 90 jan
uary. z relating 20 acts pri,r 20 sad date
sre evidence OK Re acts or things 50 al
United or confessed
The consequences ~ a verdict ~ guilty
ar rot guilty - she complaining witness or
,he defendant are rot - - eo-*tserec BY
yea further thar as a. aduaoniifon 70 FRO
~esd wlth cautioa. You have seen by the
Iarge atsonazncs upon this court from day
70 dAv that TIE case has excited good
Zeal % feeling ans interest Ysu and I
are suppressed 20 he u0t az az affected ~
this feeling or intsres'. bat we must as-
charge our respective duties cacily. calmly
and deliberately. as we have sworn TO do.
The defsndsn, - presumed % nave q
rcca character untH evidence % the cor
trary IS suhu stcd.
" 'Rsssanahto dealt exists when. upon
. fair and careful elimination 90 tne ties
tirnonv ard all - the testimony you fnd
~ ststa - doubt - - sny o1s
~ "a tAinr. necessary f3r the state 70
grove. as I have mentioned
Mr.. Hart objects.
Nr. Hart FOR ere STATE ~ once hlet q
vgworouS biil - exceptions che most
striking fssture e which vas that the
rourl had nowhere pointed out fhe con
aislsns uuder which ire 3ury should caa-
vtct IN that particular Mr. Hart 8e
efsrea tha Instructions absolutely unrRr-
anelse II criminal Jurisprudence OthsT
grounds ~ exeertlo1 80 ths courts tn
strncHons wers. Exclu6iag az testi-
meny relative 90 subsequent acts 90 later
course al promises except c. Sna-Tfsge.
az actions 81 the defendant calculated O.
excite passion particularly Kissing. Al
assurances - mutual love. irsfructirg
the Jury fhas ne state was bound 2eso-
f.-s-s~- - - ssta Hvsa - r--ef rNa an.