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

Ize county attorney wanted 10 prlnS Som'
evidence from Burlington to impeach th'
testimony of Updegraff, given yesterday
He said il would take two days TO do il
but the court refused, saying that M
would allow no more delay. He properly
considered that the evidence OF Updegraf
would have no weight with the jury
Judge Hazen said today that the case
would be given to the jury some time TO-
morrow evening. Collins attorneys say
that the jury will give their client g
| Christmas present in the shape of free
dom. County Attorney Jetmore feels con-
fdent of a conviction. The public gen.
orally think It will be hung jury, with
the majority in favor of conviction.
The Instructions of Judge Hazen to the
| jury, are as follows:
| Gentlemen of the Jury:
1t is charged in the information in this
| case in substance that within the county
| of Shawnee and the state of Kansas, and
on the 18th day of May, 1898, the defend
ant, John Collins, did then and there will
fully. unlawfully, feloniously, on purpose
and of his deliberately premedItated ma
lice aforethought, assault one James S.
Collins with a deadly weapon, to-wit, a
double barreled shotgun, and did then
and there unlawfully, feloniously on pur-
pose and of his deliberately premeditated
malice aforethought kill and murder the
said James S. Collins by shooting him
with said shotgun contrary to the law and
| against the peace and dignity of the state
of Kansas.
The defendant has entered plea of not
guilty to the charge contained in this
information and this presents the issue
for you to try according to the law as
given you 10y the court and tine facts as
you have learned them from the witnesses
1t will he seen from the foregoing state
ment nat the information charged that
on the 18th of May, 1898, at Shawnee coun-
ty, in this state, the said John Henry
Collins did unlawfulIy, feloniously, will
fully. deliberately, premedftately and Of
his malice aforethought kill and murder
the said James S. Collins and the offense
so described in the information is in law
murder in the first degree
In a trial where the charge is one of
murder in the first degree the instruc-
lions of the court are necessarily long.
This follows from the importance and
gravity of the case itself and from GER
tain provisions of our law which require
the court to state to the jury all matters
of law necessary for their guidance in
arriving at their verdict. In view of these
facts trust that the instructions in this
case are as concise as they reasonably
can be, and that they will receive your
careful consideration. The duty resting
upon YOU is an important one and / feel
confident that you will perform it with a
fun sense of your responsibility. In decid-
ing questions of fact you are to he guided
by the law and the evidence alone-.by
the evidence which was given during the
trial, and not from any supposed know
ledge of facts o appearances derived
from any source other than the testimony
given before you in open court; and the
law as announced to you by the court
must be your only guide in that respect.
1t is your duty TO see that the law is
indicated. and that if the crime charged
against the defendant is clearly proven
your verdict be returned accordingly. On
the other hand, the rights of the defend
ant are sacred to him and you shall be
especially careful that an innocent per-
son shall not be punished, and that the
defendant have the benefit of every rea,
sonable doubt, and of the presumption of
innocence which the law has wisely and
justly thrown around him.
In your deliberations in the Jury room
you mus not allow passion, prejudice or
partially to inuence you in the slightest
degree. in deciding your verdict, but must
be guided alone by the law as given you
by the court aud the evidence of the wit
ness given in your presence. You are not
authorized by the law to presume any
thing against the defendant. nor are You
TO assume that he is guilty of any offense
whatever, simply from the fact of his be-
ing charged with the crime. Upon the
contrary, every just presumption and
reasonable doubt, should be resolved in
MS favor
The law presumes the defendant 20 be
innocent Of the charge made against him.
innocent Of every other degree Of crime
included in such crime, innocent of all
acts alleged to have been done, innocent
OF any guilty intent, and innocent of every
material facc necessary to be proven bv
the state in order TO establish his guilt
Of any Offense whatever: and this pre-
sumption OF innocence continues 10 on
crate in his favor un1il the contrary is
proven by the evidence. and untfl each
and every ingredient necessary to consti-
tute the offense charged against him. is
proven by the evidence beyond reasonable
doubt
/ further instruct YOU that YOU cannot
convict or acquit the defendant upon any
unfair or illegal or Illogical conclusions
drawn from the facts proved. and vou
have no right TO draw conclusions against
the defendant because of any failure on
MS part TO offer any particular kind Of
proof. You must try him alone upon the
facts proven. and not upon conclusions or
differences form fac,s not proven.
The burden Of proof does not shift from
che state 70 the defendant at any stage OF
the case. hut the presumption NJ jn1o-
cence continues through the entire case.
In your deliberations in the jury room.
i Is your duty TO reconcile all apparently
conflicting testimony upon a basis Of
truth, If il De possible. and upon the
theory ~ the defendants innocence Il
YOU can reasonably do 50.
You are the exclusive judges % the
evidence in this case. % Is weight. credit
and value: and YOU are likewise she ex
elusive judges Of the credsbility Of the
witnesses, and ii is for YOU 20 determine
the force and effect % be given 20 the
testimony Of each Of them. In deterInin-
ing This question. yeu may take into con
sideraoon any bais prejudice or unfair
ness thar may have beer manifested by
an yof the witnesses in giving their tsSsf-
nlo0y; also any interest that any witness
may appear - have in this action. Is
well rs the means and opportunities 81
me witnesses Of knowing 81 the matters
about which they nave tested
You are not authorized oy law 10 arai
trarily rejec, without cause or reason