Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-22
WILMINGTON DEIAwAI

evidence, taken as whole, after
making oil due allowance for any such
contradictions, leads you to a fixed
conclusion of the guilt of the defendant.
LII tho evidence so taken shall not
satisfy you beyond reasonable doubt,
as already defined, that the defendant is
guilty, he should be acquitted. II, how
ever, the evidence does SO satisfy you
beyond reasonable doubt, your YER
dict should be guilty. A criminal case
involving much testimony and many
facts should not 'be decided upon the
probability or improbability Of any one
point singled out of the evidence; but q
proper decision requires due considera-
tion to be given to all the, evidence,
direct and circumstantial. in the case.
Gentlemen, | need hardly remind you
that you are fully to understand that
all intimations or expressionsof opinion
by the court Upon the evidence inStllis
case or deductions to be drawn from it,
while intended to aid you in reaching
proper conclusions, do not in the least
control you in arriving at your verdict.
You are the SOLE judges of the credi-
bility of witnesses, the weight to be
given to their testimony, andl the
weight and effect of Nthe evidence,
whether oral or documentary. While
it is the exclusive function of the court
to present to you. the principles OF law
applicable to the case, ,itfis your OK
elusive function to pass upon tho facts
and the evidence and reach " con-.
clusion, subject to the principles of
law as presented by the 'cotift.
"Your verdict should represent the
opinion OF each member of your body,
after an intelligent and cohscienfieus
comparison and consideration III the
jury room of the views of tho indi-
vidual jurors Your investigation of
the evidence should be marked with
due deiiberation, and your minds
should remain open to conviction by
arguments which commend themselves
to your Judgment The very object of
the jury system is to secure unanimity
through comparison of the views and
through arguments among the jurors
themselves. IL q large majority of The
jurors after deliberation in the Jury
room, differ In their conclusion with
the minority, it is proper for those
composing such minority, in. view of
the fact of such difference, to review
the grounds of their own conclusions
in order that, IL possible; unanimity
may be reached in accordance with the
principles of law heretofore laid down.
But no juror should aequiesce against
his individual judgment in the con-
illusions reached by other jurors,
whether constituting majority or a
minority of your whole body. For
your verdict must represent the real
opinion and Judgment Of each member
of the jury. The guilt or innocence of
the defendant is to be determined by
you as intelligent and conscientious
men, upon the evidence adduced in
this case and upon that alone. A
grave and solemn responsibility rests
upon you. No public clamor, no con-
sideration of consequences which may
result from your verdict, should be
permitted in any manner to influence
your deliberations or control your YER
dict. III rH
IF upon all the evidence in the case
you are not satisfied beyond a reason
able doubt OF the guilt of the defendant
on any count remaining in either part
Of the consolidated Indictment, you
should acquit him; but ii upon all the
evidence in the case you are satisfied
beyond reasonable doubt that the de-
PENDANT is guilty in manner and form
as he stands indicted in some one or
more of the counts remaining in the
consolidated Indictment you should
return verdict of guilty. Iflyou find
a verdict of guilty, it may be a general
verdict of guilty as tolail of the counts
remaining in the consolidated indict-
ment, or either part thereof, or a YER
dict of guilty as to any one or more Of
the counts remaining in the consoli-
dated indictment,or either part thereof,
as the evidence shall warrant.''i5H
Counsel for the defehce noted an ex-
ception to the charge. A schedule of
the defendants accounts in the indi-
vidual ledger went 10 the jury and
before the books of Cuthbert Is Co.
were taken to the Jury room all of the
pages except the ones needed for refer
ence were sealed by tho clerk of the
court. sl.t's i,<i,fa