The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-12-09

I zAe~'A S-f--A ~ al 4AtDES u 4AAE d-4A LAAt1l
believed that her death was impend ne
| and near. then it is your duty to con
slider 1t as the dying declaration of saiC
4 Clara Wiley Castle, and you are to givt
I such dying declaration such credenct
and weight as you may think it justl5
/ entitled 70 upon a considera ton Of i
along with other facts and circum
/ stances disclosed by the evidence in the
/ case. You are further instructed that z
( person weakened and i'll from 9
/ fatal wound has a right TO make
such statement, if the mind is clear thai
I such person can assent to the same by
/ reading and understanding a statement
I prepared by third party, and can as
j sent thereto by nod or shake Of th5
I head, and that such statement may bs
made at the solicitation Of other persons
/ as well as by request coming from rae
/ person herself
! DEATH MUST BE IMMEDIATE.
/ In order to make the statements claim.
! ed to be the dying declaration Of Clara
( Wilye Castle competent and proper 10
! be considered by you. it Is not sufficient
/ that she may have thought that she
might die or that death was probable,
/ or that she might die after a lingering
/ Illness. but the statement must have
been made In the full belief that her
J Nedl4 WOulQ pe almost immaculate ana
under fun sense that her death was
then, at the time she made such state
ment, impending, and she must at the
time she made the statement have had
no hope or expectation Of recovering.
HER MENTAL CONDITION.
If YOU are satisfied from the evidence
beyond a reasonable doubt that the
statement introduced in evidence as the
dying declaration Of Clara Wiley Castle,
was made By the said Cara Wiley cas-
tie in view of impending death, and az
ter she had given up all expect alton or
hope of recovery, and believing that her
death was imminent, then in determining
the weight to be given to such state
ment the jury should consider all the
circumstances surrounding or connected
with the making Of such statement; YOU
should consider the fact that such state
ment was made In view of impending
death and after decIarent had given up
all hope or expectation Of recovery; you
should consider the fact that said state
nent was not made in the presence Of
defendant, that declarent was not sub
jected to the tests Of cross-exa rainat on,
that the jury had no opportunity to OBJ
serve the manner or demeanor Of the
declarent, that declarent was not sub
ject to any prosecution for perjury if
Sd4u statement OF any part OF IL was
untrue, and that declarent was at the
time she made the statement surround
ed by friends and sympathizers. You
should also consider her mental ard
physical condition at the time, and
whether or not she was possess d Of
sufficient strength and understanding TO
understand and know what she was soy
ing and doing and whether or not she
had any feeling Of hostility or resent
fnent towards defendant. and may con-
slider any desire she may have had to
Justify herself and appear to her rela-
tives and friends blameless You may
also consider the manner In which such
statement was prepared and If prep9re7
by any other D-ty whether 1t was ac-
curately prenarec and truly expressed
what the declarent desired to say ard
all she desired to say to the subject
matter of the statement and whether
or not at the time the declarent sppnd
ed her signature 70 said statement, ard
at any time, she may have affirmed tie
truth Of the statement she finally I'M
derstood said statement and from all the
surrounding cireum stances and in he
light Of all these facts disc osed bv the
evidence determine what weight should
be given to such declaration.
ON CIRCUMSTANTTATs EVIDENCE
the proof Of such facts and circum-
stances connected with or surrounding
the condition Of a crime, or corrected
with or surrounding the person or per
sons accused as tend to show the guilt
or innocence of the person or persons
charged with the commission of the
crime
CircumstantiaI evidence is legal ard
competent in criminal cases. and If the
circumstances proven are Of such
character as TO exclude every reasona-
BILE hypothesis other than the guilt Of
the person accused, and such as 10 sat
isfy the jury beyond a reasonable doubt
of the guilt Of the person charged, the
jury would be warranted IN convicting
on circumstanttal evidence alone
FEW FACTS NOT ENOUGH.
A few facts or a multitude Of fac's
proven, all consistent with the supposi-
ton of guilt, are not enough TO warrant
the verdict Of guilty In order to con
Wet on circumstantial evidence. not only
the circumstances must all concur to
show the defendant committed the
crime, but they must be inconsistent
with any other rational conclusion.
Witnesses called by the prosecution
have testified as to statements made
by the defendant. Jesse Morrison. You
are instructed that YOU should consider
the testimony with great caution, as
said testimony is subject to much i'm
perfection and mistakes.
In considering it, you should take into
consldera ton the excitement under
which defendant was 1aboring. the con
ditions under which she was placed the
peril that surrounded her. You should
take into consideration the danger that
parties. in relating what she said. may
f-o4
rectly. and of miscoustrucuon being
placed upon her words end Of the words
used not expressing the meaning she in
tended
SAME As THE OTHERS.
You are Instructed that under the laws
Of this state a defendant CHARGED with
a criminal offense is permitted 20 It's fly
in his own behalf and that you should
consider the testimony Of the defendant
the same as that Of any other witness; /
that YOU should give the testimony OF
the defendant the same weight and
IRE tit rs that Of any other witness in
The case. subject to the same tests and
governed by the same rules as that OF
any other witness.
Before the jury would be warranted +
n finding the defendant guilty Of anv
3Nense included within She charge Of the .
inform ton the fury must Re satisfied
from the evidence. beyond r reasonable f
louht THAT the defendant committed the +
lffanse fn the manner and by the m cans
charged liz the Information snd within
he county Of Butler and state Of kan
sas.
ABOUT REASONABLE DOUBT
The inquiry naturally arises what Is
/, reasonable DOUBT II is rot mere pos
soie doubt. because relating "a human .
Affairs. and depending upon moral ev,-
lerce. is ooen 80 some rosE hls or i'm
g5nary dogbt a reasonable d5uht is
hat state II the case which after the
.utire comparison ana consideration of
The evidence leaves the minds - the
jurors III that condition that -rev rarnot .