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

consideration of all the evidence. 1t
is such a doubt as a reasonable man
would apply to matters of the grav-
est Importance to himself, or his own
affairs.
The material allegations of the in
dictment which the state is bound to
prove under the rule just given you
are: That John S. Edgle is dead;
that he died from strychnine poison
ing, administered in the manner and
form charged in the indictment and
at or about the time alleged herein;
that Barbara G. Engle caused his
death by administering the strych-
nine poison, as alleged, and describ
ed in the indictment; that the ad-
ministering the strychnine, as alleg-
ed in the indictment, was done by
Barbara G. Engle purposely. malici-
ously, unlawfully and with the in
tention on her part of killing John S.
Engle; that the above matters and
things occurred and transpired in
Hooking County, Ohio, on or about
Marcn 10th, 1893, (however the exact
date is not material if shown to have
occurred prior to the filing of the in
dictment.)
If either of the above material al
legations of the indictment is not
proven by the evidence, under the
rule above set out, then your duties
are at an end, and you will return a
verdict of not guilty. The state must
satisfy you beyond a reasonable
doubt that the death was caused by
Barbara G. Engle in the manner and
form alleged in the indictment, and
to the exclusion of any other theory
or state of facts, such as accident,
suicide, mistake or by any other per-
son. The whole facts as they oc-
Cured are to be scanned by you in
your search for the truth; and the
whole evidence must he your guide
in determining questions of fact. i
now say to you that you have right
to bring to your aid in the solution of
the evidence, your common know
ledge of men and affairs, as you have
seen and observed them in your deal
ings, associations, TRANSACTIONS
morally, socially, religiously, and
otherwise-since you have attained
the age of majority. The jury have
a right to apply the result of their
common knowledge and observance
of humanity in their acts and con.
duct generally, to this whole case, as
reflectory, explanatory, contradictory
or otherwise, of facts detailed, OF
shown by the evidence, as it came
from the witness stand.
Purpose, intent and malice on the
part of the accused must be shown
under the rule / have given you
, Purposely done, means with design
with a view that the particular result
contemplated in the mind may, OF
| will probably happen from the
nature of the means used, based on q
, full knowledge by the user, of its
, ordinary effects, if the design is car.
l rieu out as intended. Design, in
tention, aim, resolve, are other forms
of expression that carry the same
import as purpose or purposely. In
a tent may be defined as having the
mind fixed closely or bent upon {
l particular act, result or object; 6
4 state of anxious diligence of the mint
| hoping for and expecting a certain
1 result from a previous or presen
canvas of the facts which may bring
: about the desired end, aim, object o.
purpose, formed in the mind of th'
one intending.
q Unlawfully means in violation o
t law or right, Illegally.
!. Malice is willfully formed design
t to do another an unlawful injury.
a Whether this defendant acted pur
posely, unlawfully, maliciously ant
with the intent, as claimed in thC
f indictment, must be determined b.
you from the whole evidence, in cas-
yon find under the rules given, tina
she committed the crime charged
p All her acts, conduct, and Language
4 are proper to be considered bv vol
under the circumstances surrounding
4 her at the time, as rejecting upor
: the state of her mind.
Evidence of any fact or thing ma,
q be either positive or circumstantial
!. Whichever kind is produced shoult
4 be of nature to convince, under tn
rule given, the mind of the jury
Sometimes circumstantial evidenc
= Is more convincing than positive evi
: dence; sometimes far less convinc
- ing. The jury in this case shoul'
carefully view the whole evidence
q circumstantial and direct, and if tn
h circumstances as claimed on eithe
= side are not, in your minds, corrobor
a ated, supported, or probable, yol
n should give little weight to them o
reject them entirely. If on the othe
a hand they are consistent, corroborat
v ed, and you find them true, under tn
!. rule of evidence given, then yol
should consider them along with al
the evidence. giving to each class o
evidence such weight as is, in you
opinion, proper.
A. The weight of evidence is not de
q termined by the number of witness