Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-06-09

out of the evidence ana imports such con-
ditior Of mind resulting from a considera-
ton of the evidence bafpre the jury as
makes 1t impossible for the jury as reason
able men to arrive at unsatisfactory con-
clusicn; and it is not consciousness that
a conclusion arrived at may possibly be
erroneous, but arises out of such a state
of mind as deprives the Jury OF the ability
to reach conclusion that is satisfactory.
Accordingly. the jury is Instructed that If
the evidence be to the minds of the fury
of such a convincing character that the
Jurors would unhestatingly be governed by
It in their own weighty and important mat
tiers of life they may be said to have no
reasonable doubt Notwithstanding the un-
certainty which attends all human evil
dence: and. accordingly If after an impair
tial comparison and consideration of all
the evidence the jury can say that It has
an abiding conviction of the defendant s
guilt such as the jury would be willing to
act upon in the more weighty and import
ant matters relating to their own affairs.
they have no reasonable doubt and should
convict the defendant.
False Testimony.
6. If the jury find from the evidence that
any witness in the case. whether for the
prosecution or for the defense. has testified
falsely to a fact in respect Of which such
witness cannot be presumed liable to mis-
take. the jury may in its discretion, wholly
disregard the testimony of such witness
and every such in the case.
Prayers of Defense.
The defendants prayers, which were
granted, are:
l. The jury are instructed that the de-
PENDANT Is presumed to be innocent of the
offense for which he is on trial and that
he Is entitled to a verdict of not guilty un
less upon all the evidence the jury are sat-
1sfed of his guilt beyond reasonable
doubt.
tho i,,r1
Rye, by his words and acts prior to the day
he was killed. and on that day immediately
before the shooting, caused the defenda Mt
at the time Of the shooting to believe in
good faith, and upon reasonable ground
that he, Rye, was about to make deadly
assault upon the defendant then the iur-y
are Instructed that the defendant had the
right to use all necessary means to defend
n1mselr against such apprehended assault
B. If the jury find from the evidence that
the deceased. Rye, just before the shooting
which resulted in his death, approached the
de1endant in such way as caused the de-
PENDANT in good faith to believe and gave
him reasonable grounds to believe. that
Rye was about to make deadly assault
upon him. then the defendant was justified
In acting upon that belief, even though it
should appear as matter of fact that Rye
was not armed at the time.
Reasonable Grounds of Relief.
4. If the jury find from the evidence that
believe, and did believe, that an assault
might be made upon him by the deceased
by which his life would be put in danger.
or he would be in danger of great bodily
harm, he had the right to arm himself for
the purpose Of protecting himself against
such assault; and If such assault was made
upon him, he had the right to protect him
self against 1t, even to the taking of the
life Of his assailant. under the circum-
stances described in the other instructions
of the court
5. The jury are instructed that In deter
mining whether the defendant in taking the
life of Rye acted in good faith under a
reasonable apprehension that he was in
danger of losing his own life OF Of suffering
great bodily harm at the hands of Rye
with the other evidence, in the case, any
threats which the jury shall be satisfied
from the evidence Rye had made against
the defendant which had been commune
Gated to the defendant = 81
6. The jury are instructed that in deter
mining whether Rye at the time of the
shooting which resulted in his death
made. or undertook to make, d deadly as
sault upon the defendant, they should con-
slider, along with the other evidence in the
case, any threats which they Shall be sat
isfied from the evidence Rye had made
against the defendant. whether commune
Gated to the latter or not
The seventh prayer Offered by the defense
was rejected. .
Granted rs Modified.
g. If upon all the evidence inrthe case the
jury entertain a reasonable doubt as to
whether the defendant shot and killed Rye
under the belief. in good faith. and upon
reasonable grounds that 1t was necessary to
do SO to prevent Rye from killing him, or
doing him great bodily harm, then their
verdict should be fer the defendant.
theJeeted as offered. and given as modified.
Exception to modification.)
(The ninth prayer was rejected)
~. IL the jury, upon the consid grafton Of
all the evidence. have a reasonable doubt
whether the defendant fired the fatal shot
IN self-defense. as that has been heretofore
defined, the defendant should be acquitted
II. If the jury find from all the evidence
that the defendant at the tina he shot the
deceased had reasonable ground to believe,
and did In good faith believe, that he was
In danger of losing his own life or Of suf-
1ering great bodily harm, from an assault
by the deceased, actual or in good faith ap-
guilty.
II. If the jury find from the evidence that
the deceased made an assault upon the de-
1endant with the knife that has been ex-
hlbited In the trial of this case, and was
SO near to the defendant at the time that
the defendant had reasonable ground to be-
lieVe' and do believe, that to retreat would
place his life In peril, or place him in dam
ger OF great bodily harm, he was not bound
10 retreat, but might at once shoot the da-
ceased.
~. While abusive words or epithets alone
Will not justify the taking of life, yet any
words or epithets that may have been prov
ed to have been used by deceased toward
the defendant are proper to be considered
by the jury and should be considered in
connection with all the other evidence In
the case IN determining whether the defend
ant acted In self-defense or not DIS self-de-
Tense has been defined
The Opening Address.
Joseph II. Polkinhorn was placed on the
stand by direction of the court and briefly
stated that he was in Pawnbroker Crosses
store sixteen months ago, and saw a man
whom he thought to be half-witted buy
revolver and depart without the clerk OBJ
tanning his name until reminded of the
laliure by the witness. The clerk he yes
terday identified as Mr.. Middaugh who is
row In charge of The pawnshop.
Then, at 1875, Mr. Shillineton arose and
braced his shoulders and expanded his
lungs Tor the task of delivering the first
or opening address to the jury. Crier
joyce called in the jury and the large au-
olence settled down in their seats in at
tentlve attitudes. AS the sun rose higher
the neat became oppressive, and few