The times. [volume] (Richmond, Va.) 1890-1903, 1900-06-23

what facts are proved and as to the weight
and character of the testimony. If, there
Tore, a reasonable doubt Of the guilt of the
prisoner can be raised by the evidence
or ingenuity of counsel upon the whole
case, or as to any facts essential to prove
the cnaTse made against him in the in,
zdictment. 1t is their duty to give the
prisoner the benefit of that doubt and TO
find him guilty. 1t is not sufficient
that the evidence creates suspicion Of
guilt. The accused is entitled to an ac-
quit;ai unless the fact of the guilt Is
proven TO the exclusion of every reasonable
hypothesis consistent with his innocence.
II the jury believe that there is no evi-
dence to show a quarrel, combat or affray
upon consideration of the whole case, then
they are instructed that the question of
voluntary manslaughte- is not involyed In
this case.
NOT RESPONSIBLE.
If the prisoner acted from reasonable
and honest conviction, he will not be held
responsible criminally for mistakes in the
extent of the actual danger. when other
and judicicus men would have been alike
mistaken.
The jury is instructed that they have
no right to arbitrarily disregard the testi-
mony of witness upon the sole ground
that he is the defendant in the case on
trial. and stands before them charged with
the commission of a crime Inc law
presumes him TO be innocent until he Is
proved guilty beyond 4 reasonable DOUBT,
and allows him TO TESTIFY III his own
behalf, and the jury should falrly ana
impartiaily consider his testimony, ana
test it in the same way any other wit
nesses are tested. and determine from his
manner and appearance in testfying. and
his capacity to discern the truth. and his
Interest in telling or conceaIlns lt, now
far he should be believed.
MUST BE CERTAIN.
The Court instructs the jury that men,
when threatened with danger, must judge
from appearances and the actuai stase
of things surrounding them as to the
necessity of resorting to- self-defense: !:
and. If they act from reasonable and
honest convictions, they will not be heid
responsible for a mistake In the extent
of the actual danger where other judi
cious men would have been alike mis-
taken. The conduct Of the prisoner must
depend upon the circumstances as theS
appear to him at the time.
The Court instructs the jury that, before
they can convict the accused of any
offense whatever. they must be satisfied
by the sworn evidence beyond reason
able doubt. not only that the circum-
stances are consistent with the prisoner
having committed the crime, but they
must also be SatlSne0 liidl tHe lG|lo 'Ii {
such as TO be inconsistent with any other
rational conclusion than that he is guilty.
ROYKIN CONCLUDES.
Court convened after dinner a 2:3S
o'clock Colonel Boykin got up TO con
clude. saying that he should not detalf1
the Jury much longer, as the main facts
had been presented before recess. Col
onel Boyl5in said he took it that the
iury's duty was to bring in verdict OF
murder in the first degree He said il
should be so because it was necessary
TO civilization: because it would be II
accordance with the facts and because
the Jurors could then go home in peace
and with the consciousness of the fact
that their homes would be moro secure
by reason of such verdict
1t was announced by counsel that Col,
onel .Boykin had consumed two hours
lacking ten minutes.
COLONEL BAKER SPEAKS.
Colonel Baker WAS the next speaker He
began at , o'clock Colonel Baker said he
realized the responsibility of his position.
and declared: IT come, gentlemen. with
out one single word of abuse for any
man or any woman. / come. as / have a
right to do under the laws OF God and
the laws of my country, TO plead the cause
OF a C. Ciliisan. I shall say in all fear
lessness and in all honesty what | believe
to he true
Colonel Baker reviewed the evidence at
length. and said a great deal had been
brought into the case which should not
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