The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1898-06-17

sistent verdict. You are the abso-
lutte end exclusive Judges Of the
facts adduced, and with these facts,
ut this time, the Court has no con-
cern. The Court will not, and ought
not, now, express the slightest opln-
ion as to the truth or falsity of any
evidence which has been offered in
this case.
Your duties are to hear, see, OBJ
serve, weigh and determine and say
where the truth is found. The Court
cannot aid you on questions of fact.
You must, in your retirement In the
jury room, tired this wine press alone.
While the above remarks as to your
duties and province on facts are true,
1t Is equally true that the Court is
the exclusive Judge of the law of the
case. 1t is your bounden and sworn
duty DIS jury, to receive and apply
the law as given you by the Court,
whether 1t meets your appreciation
or not. The citations of law to you
by counsel are not binding upon you
unless adopted by the Court or given
you in this charge. The entire
charge of the Court in this case, is
reduced to writing, which you will
have with you in your jury room
and If any questions arises among
you in your deliberations, as to what
the law to govern you is, you will
turn to this the written charge of
the Court, and there find it, and
govern yourselves accordingly. The
law is for the Court; the facts for the
jury.
Remembering and applying and
following these general preliminary
remarks, let us proceed to the con-
sideration of the question you are to
determine. I may say to you at
this point, that your view of the
premises and the matters and things
observed there by you, which were
lawfully shown you, while not con-
stituting part of the sworn evil
dence herein, may be considered in
assisting you as to matters Of loca-
tion and refreshing your memory as
to the situation and surroundings of
alleged occurrences, referred to by
the evidence upon both sides.
The defendant, Barbara G. Engle,
is indicted for murder in the first de-
gree under Section 63O9 of the laws
of Ohio, which provides: Whoever
purposely, and either of deliberate
and premeditated malice, or by
means of poison, or in perpetrating,
or attempting to perpetrate, any
rape, arson, robbery or burglary,
kills another, is guilty of murder in
the first degree, and shall be punish
ed by death, unless the jury trying
the accused recommend mercy, in
which case the punishment shall be
Imprisonment in the penitentiary
durin life.
This indictment, which you will
have with you, and to which you car
refer for details, was returned by the
grand jury Of this county, at the
April term of Court of this year, ant
filled according to law on April 9Th
This Indictment alleges, substant
tally, tha on or about March 10Th
1893, in Hooking County, Ohio, tht
defendant, Barbara G. Engle unlaw
fully, purposely, of deliberate ant
premeditated malice, placed tel
grains of deadly poison, called
strychnine, into the coffee which
John s, Engle was about to drink
mingling it Herewith, with the in
tent thereby to kill and murder him
That Barbara G. Engle knew saic
strychnine was deadly poison, als'
knew that John S. Engle was abou
to drink the coffee. That John S
Engle on that date drank half o pin
of said coffee, not knowing there
w do duy Dbl III ipS VI any oph
or poisonous or hurtful ingredient.
That by means and as a result o1
drinking said poisoned coffee, he be
came mortally sick and died or
March 10th, 1893. To this indict
ment the defendant has entered he
plea Of not guilty. This plea of no
guilty, so as aforesaid interposed
puts in issue between the state ant
the defendant each and every mater
ial averment contained in the in
dictment; and casts upon the Stat
of Ohio the burden of satisfying you
by the rule hereinafter stated ant
explained, of each and every mater
ial allegation contained in said in
dictment. The finding of an indict
ment is merely a preliminary pro
ceeding to bring the accused t.
trial.
Under this indictment the stat
must satisfy you Of the truth of eacl
and every material allegation con
tanned in the indictment beyond
reasonable doubt, before you ca
render verdict of guilty.
In as much as the question of
reasonable doubt must be carried b.
you through your entire considera
tion of the case in all of it's phases
and in the application of the law, a
given you, will define what rea
sonable doubt is.
The jury will be justified and re
uuired to consider reasonabl