The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-12-24

OF clTcunStdnllal evidence ATcia "iAA ei4e
defendants guilt is sought to De deduced
must oe established 10 the same degree
of certainty as the main fact which these
independent circumstances taken together
tend TO establish.
To warrant a conviction upon circum-
stantisl evidence. it is not sufficient that
| probability that the defendant committed
| the offense charged but they must be
such as are Incompatible upon any rea-
sonable hypothesis, with the innocence OF
| the accused. and incapable Of explanation
on any reasonable hypothesis other than
! that Of the guilt of the accused.
While a motive for the commission OF
a crime is not necessary 10 be proven 10
entitle the state 10 a conviction. yet IN
| cases where the charge is murder Il Is
usual for the motive on the part Of the
accused to appear; and # there Is an
absence Of proof as 10 the motive Tor
the commission of the crime charged,
| then that fact should be considered by
| you. among other things, in your de-
l1berations in the jury room for the pur-
pose Of determining the guilt or limo
| cence of the defendant.
The state has elected TO try the
defendant upon the theory that ne per
sonally fired the fatal shot or shots, or
il not that he was personally present al
the time the fatal shot or shots were
fired, aiding, abetting or assisting in the
commission of the crime charged. the
state is not seeking to convict the de-
PENDANT upon the theory that he was an
accessory before the fact: that is. that
before the commission of the offense he
counseled, advised and procured some
other person or persons TO commit the
offense.
If you believe from the evidence be-
yond a reasonable doubt, as heretofore
explained, that James S. Collins was
murdered at the time and place and in
the manner charged in th4xnformation:
that defendant was present at the time
OF commission of the crime aiding. as
siSting or alberting in the commission OF
such crime he would be equally guilty
although the fatal shot or shots may
have been fired by some other person or
persons.
But, under the election, as made by
the state, II the d efendant. prior to the
commission OF the offense charged.
codnseled. advised and procured some
other person or persons to commit the
present at the time of its commission,
aiding. assisting or abetting its COM
mission, then and in that case you
should return a verdict of not guilty.
One of the modes recognized by law
for impeaching the veracity of a wit
ness, is the introduction of witnesses
who testify that they are acquainted
with the general reputation for truth
and veracity OF the person sought to
be impeached in the neighbornood where
he resides. And If the jury believe from
the evidence in this case that the gen
eral reputation of any witness who has
testified before you for truth and verac>
ity in the neighTborhood in which he re-
sindes is bad, then the jury have right
to disregard the whole of such witness
testimony and treat lit as untrue except
where it is corroborated by other credi-
BILE evidence, or by facts and circunl-
stances proven on the trial.
noe of the modes OF impeaching a
witness is by showing that he has made
statements out of court at variance
with his statements on the witness
stand. If you believe that any witness
who has testified in rhis case has made
statements at other times and places
at variance with his testimony on the
witness stand in this case, regarding
any material matter testified to by him.
then ii is your province TO determine to |
what extent that fact tends to dmpeach |
either the memory or the credibility of |
the witness. or TO detract from the |
weight to be given to his testimony.
The fact that the witness Johnson Jor- |
don has heretofore been convicted and |
sentenced for the crime of burglary and |
also arrested for other minar offenses
should be taken into consideration by you /
in your deliberations in the pury room in |
determining what weight shall be given |
to his testimony.
If you find that any witness has been |
paid for giving mis- testimony, or has been |
promised any valuable consideration |
therefor. then you have a right to take |
that fact into consideration in determin- /
ing what weight should be given TO the /
testimony of such witness.
There has been evidence given in this |
case as to certain statements and CONVEX
Stations had, in which the witness on the /
stand has testified to certain statements
and conversations made and had with
other witnesses and with the defendant.
This class of evidence should be received
and considered by the jury with caution.
This follows from the danger that the
party whose statements and conversations
are being given may not have correctly
expressed himself from the liability OF the
party hearing the statements and CONVEX
sations TO fail TO get a correct under
standing Of what was said or 20 fail in
remembering it correctly, and from the
Of memory generally. But IL is
for YOU 10 say what weight should he
given 10 any such testimony. in the light
applying the rules heretofore given you
in weighing testimony.
An accomplice / sa person who partici-
pates IN some way in the commission OF
the offense charged, either principal or
accessory; and the rule OF law is that
defendant cannot be convicted upon the
testimony Of an accomplice or aocomplices
unless the testimony Of such acc0mplice
or accomplices be corroboraSed oy Other
evidence in the case upon some material
matter. II is not necessary that the ac-
OF accomplices should be corrOb-
GRATED upon all things a0oU; which ne or
they have testified.
II sou then believe from the evidence in
this case that any witness or witnesses
VITO have testified on the witness STAND
were the acconplices OF the defendan: in
the commission OF she crime charged. then
yoy cannot convict the defendant upon
the testimony Of such accomplish q ac-
complies unless suCh testimony * corr0b-
GRATED upon some material mater.
II YOU believe from the evidence that
the defendant was trying 70 negotiate
with these coiored men 10 kill his father
and they on their par were simply pre-
tending tFst they would carry ou- MS