Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-11-26
This Conclusion Reached
by Twelve Jurors.
They We're Out Twenty Three Hours Unusual
Proceedings in Court Sunday Morning.
Given Instructions.

me to ask you a question--not that it
concerns me particularly, but it does
concern a number of the iurymen, as
TO how the jury is to take the evidence
from witness. Is every witness that
goes in the box, unless he is impeached
here I'm this cnse is his evidence to be
taken one man with another, one wo-
man with another, or should jury
man, knowing that certain witness
Is not truthful, is not reliable, that that
should influence his conclusion or his
judgment as to whether he should take
his evidence or not: or are we to weigh
the evidence given by man by what
the man is, by what his reputation is.
or from his appearance, or from any
reason that we may think he might be
influenced to give testimony in that
direction; for instance. there was a
man testifying there that we might
think, or some of the jury might think,
he had some reason or was prompted
by some motive to testify in that way,
are we to take his testimony absolute
ly as he gives 1t as being absolutely
correct, regardless of what we might
know of him, or his motives? Do you
catch my idea?"
The Court-"Under the law in this
state hardly anyone Is excluded from
being competent to testify. Witness
es are brought before the court and
jury and If they are of suitable age
and sound mind, they are competent
to testify. The parties in case, civil
or criminal, are competent witnesses
but the degree of credit which is to he
given to any witness is always a mat
ter for the jury to weigh, and that ap-
plies to every witness as well as to the
parties in the case who testify and as
/ instructed you, you should weigh
their testimony, the interest they may
have in the case, or any bias, or any
thing that comes out in the case that
iu.lpairs the witnesses credlbility. You
should not, however, go outside of the
testimony In the case and what ap-
pears from the appearance of the wit
ness to discredit the witnesses. 1t is
not your individual knowledge but you
Nbouiu MNiEu tnt ttStiuiOly VI
witness in the light of what has trans
pired here in court and from the wit
ness stand"
Juryman Gibbons-"May | ask an
other question:
The Court-"Yes, sir"
Juryman Gibbons--"S Suppose a wit
ness who is on the stand testified
there in the case, and that some one
of the jury has knowledge that his
worthiness or his trustworthiness, or
his tiuthfulness. is not to be relied
upon Is he allowed to let that influence
him in accepting his testimony in this
case?'
The Court-"In answer to that ques-
tion | will only call your attention to
the oath that you haves taken, that
you would render fair and impartial
verdict according to the law and ac.
cording to the testimony"
Mr.. Sieber-'In that connection
ask your Honor to say that n Juror
has a right to give such credence to
the evidence of witness as he thinks
he Is entitled to, taking all the facts
and circumstances In the case into con-
sideration,and also his personal knowl-
edge of the man who gave the testi-
mony."
The Court-"Gentlemen, you are jur-
ors; You are not witnesses: you must
decide the case not upon the testimony
of yourselves, or anyone of you, out
side of court, but upon testimony in
COURT"
Thereupon the jury retired for fur
ther deliberation.
The Court-"rhat instruction which
you asked me to give, Senator. | re-
fuse"
Mr.. Sieber-"If Your Honor pleasp.
want the record To show thar the
jury was called in at 11:20 sunday
morning, and that the jury asked for
no instructions; and except To all
that Your Honor said, and TO all that
Your Honor read to them. I further
desire TO except, Your Honor, TO the
answers that Your Honor made 10 the
Inquiries of the Juror Gibbons; and |
except TO what Your Honor said after
the request that was made by my
self, and to the refusal 10 instruct the
jury that they had right to take into
consideration their personal knowledge
of the witness"
The Court-"The record ought to
show that they sent word by the bailif
that they wanted to come ont into
court. they asked to come out and see
the court"
Mr.. Sieber-"r except 10 that going
on the record"
When the jury brought in it's YER
dict Eppley's aged father was in the
room. lie broke down when he heard
the verdict read, He has been at his
sons side during all the trial,
motion for new trial will he
filed by the defendant.