The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-12-11
THE PRAYERS OF
THE DEFENDANT.

The prayers submitted by the defence
were IS follows:
L The jury are instructed that il law
murder IS committed when person IN
lawfully, feIonlousIy, and with malice
afeTethoUght. either expressed or implied
kills human being IN the peace OF the
United States
- The jury are instructed that by their
osssss ard by law, they are bound 10 base
their verdict upon the law and the evil
deEce aCd1ced n this case, and to the ex-
{ clusiou Of any pTeconeeiyed opinion upon
the case, inconsistent. or in conflict with,
the law and the evidence, as developed
and addUced II this trial.
As to CircunsstsntiaI Evidence.
%. The jury are instructed that before
they are at liberty to find the defendant
guilty Of murder On circumstantial evI-
dence alone. such evidence adduoed at the
trial must be inconsistent with every
reasonable hypothesis Of the defendants
innocence
- The jury are instructed that the
! defendant is presumed to be innocent. IN
I'll proved guilty Of the charge for which
indicted bsyond any reasonable doubt
and before they can find defendant guilty
Of murder the Government must prove
20 their minds beyond all reasonable doubt
that defendant did. uE:aWfully. felCai0Us
Il. and Win malice af5rethought. either
/ expressed CT Implied. kill the deceased,
{ James Seymour Ayres. while he was in the
peace of the United States.
Reasonable D,.ubt-
-. The jury are Instructed that If
upon the whole Of the evidence they should
not be satisfied beyond ali reasonable
doubt that the defendant did. unlawfully
and feIoniousIy and with malice aforp-
thought. either expressed or implied. Ill
/ the deceased, James Seymour Ayrcs.
/ while he-zsas the peace OF the United
States. the defendant cannot be convicted
Of murder
Question Of Assault
8. The Jury are instructed that Il tzzy
should andIF64n the evidence that de-
+ PENDANT went>to the room OF the deceased
! On the morning Of May Is last with no
( intent to dc him bodily harm or injury,
/ and that the deceased. while defendant
/ was in his room, as aforesaid. committed
/ or attempted to commit al assault upon
/ her. ard that IN consequence OF said as
+ sauit struggle ensued between deceased
! and defendant; and thst If while defend
ami was engaged with deceased in such
] struggle. in resisting said assault CT at
/ tempted assault. the deceased was shot
and killed their verdict should be not
/ guilty.
The Defendants Privilege
-. That the jury are instructed that
! under the law the defendant may or may
/ not become witness in her own behalf
at the trial. but if the defendant does not
/ avail herself of that right she is stand
! ing on her plain legal right in SO doing.
and her election not to testify is not to
/ be construed as evidence OF guilt OF as
/ furnishing any proof in support OF the
! charge for which she is en- trial This
/. rule Of law prohibits any comment upon
! the same. either IN the argument Of the
! case OF during the progress OF the trial
and If anything that has been said during
I the course Of the trial might be construed
| as commenting upoa her course of con-
! duet in that particular. 1t is the duty Of
| the jury TO wholly disregard The same.
Burden Of Proof.
| IS That the jury are instructed that
/ it was not incumbent upon the defendant
to introduce any evidence in her behalf.
| but under the law the burden is upon the
/ Government 10 establish the guilt of the
! defendant beyond all reasonable doubt
/ Luz IL tAAC SAAb u SHlGEElGG UGlI2 MIRO
/ Cuced BY the defendant tending to estab-
! lish innocence. this fact in no sense shifts
| the burden CT proof. nor does 1t relieve
/ the Government OF the positive duty Of
! establishing afIrmativeIy. and upon the
| whole ease, the guilt OF the defendant be
! yond any reasonable doubt whether in
/ the opinion CT the jury the evidence ad-
! duced By the defendant is conclusive or
! not
Right to Employ Force.
"9. That TIE jury are instructed that if
| from the evidence they believe that the
| defendant entered the room of the deceas-
ed with no intent 10 do the deceased bodi-
| Iy harm or injury. and that the deceased
| by threats and menaces, with deadly
weapon in his hand, then and there at
| tempted TO violate the chastity OF the
! defendant against her consent, and that
| the defendant had reasonable grounds to
! believe IN the ability Of the deceased to
! carry said threats or nenaces into exc
| cution, that the defendant. under the law
| had right to employ such force as
| might be necessary to repeI or prevent
! the assault, and that she cannot be held
/ answerabIe for the results incident to
/ said threats and menaces and the resist
| ance Of them"