The daily morning journal and courier., 1901-09-25

briefly then 1t will be your duty to take 1 up the case. No doubt the same thought, the same object is in all your
 minds-that although our beloved coun- try has lost her greatest man it still should maintain the respect of the 1 whole world, and it should be made known to the whole world that no man | can come here and commit such das- I tardly act and not receive the full pen | alty of the law
 l Justice White began his charge to the jury at 3:29, He arose from his seat and stepped to the side of the bench
 nearest the jury box. He said: Gentlemen of the jury: In this case the defendant has acknowledged his guilt. Such an acknowledgement in such circumstances cannot go to the
 jury or the court. The law requires
 that the defendant charged with such
 crime must be tried. The law says
 that all the facts must be observed and
 reviewed by you, The law guarantees
 that the defendant shall have a fair
 trial by twelve men, impartial and fair,
 capable of taking the testimony of the
 trial, and give it thorough considera-
 ton. If, when all the circumstances of
 the case are considered by you. there
 still exists in your minds a reasonable doubt that the defendant is guilty you cannot find this man guilty The peo- pie have submitted evidence tending to show that this defendant committed this crime; they have given evidence tending to show that it was premedi- tated. If you are satisfied that there was design and reconciliation and, if in accordance with that reconciliation and design these shots were fired, then the defendant is guilty of the crime of murder in the first degree.
 You must consider all this evidence that the people have submitted to you. You must consider it fairly and with out prejudice. You are the sole judges of acts in the case" Continuing jus tice said:
 ''The jurors must find him guilty be- yond reasonable doubt. You may ask what is a reasonable doubt. While great deal has been written and said on the definition of reasonable doubt" in this case it means that the jurors are bound to sift, compare and examine all the evidence and if in their minds there is any doubt as to the defendants guilt they are bound to acquit the de- fendant. If there is no doubt in your minds, then you are bound to bring in a verdict of conviction. I am very glad that up to the present stage of this la affair, so far as the jurors and the people of this city are concern nG ha q law that is bound to teach a valuable object lesson. The defendant has been given every advantage of experienced counsel. I deplore any indictment to violence and the man who Is ready to go out and commit crime because some other man had committed a crime Is a S guilty as the latter and his act Is just as reprehensible. It is proper that I should define the crime of mur- der in the first and second degrees and in the first and second degrees. If the defendant on Septem- Der did wrongfully assault, shoot or wound William Mckinley by means al- eged in the indictment, and if the act was committed with premeditated de- sign and if the act was the sole and approximate cause of death, and if the knew he was doing wrong at he time the defendant was guilty of murder in the first degree. If the act | vas not premeditated, he was guilty of | murder in the second degree. If the | ;hot was fired accidentally and without | ton, he is guilty of man. | daughter in the first degree. It is not | necessary for me to discuss the ques- ion of manslaughter in the second de- rec in this case" Justice White then commended the jurors for their pa fence during the trial and ordered | hem to retire and bring in a verdict.
 Just before they did so, however Dis rict Attorney Penney requested the udge to charge the jury that the law resumes every individual sane unless roven otherwise and the court said to hem.
 "The law presumes the defendant in his case sane"
 Lawyer Titus also asked the court to harge the jury, that if they were sat- sf1ed from the evidence that at the ime of the committal of the assault he defendant was laboring under such
 defect of reason as not to know the uality of the act or that 1t was wrong, e was not responsible and the jury lust acquit." T so charge" said the judge.
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