The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-04-06

threats against the life OF defendant and
that his relations with the wife of the
defendant were improper. or that he was
criminally intimate with her. and that
such acts and conduct were without the
consent Of the defendant, but against his
win and protests made TO his wife. such
acts on the part of the deceased would be
70 justification whatever, in law. for the
defendant to take his life; and even
though you find that the deceased was
criminally intimate with the wife of the
defendant, If you find beyond reasonable
doubt that the defendant shot and killed
the deceased unlawfully. felouiously with
out authority OF law and with the pre-
meditated design to effect his death. and
under such circumstances as would not
constitute self-defense; and, further. il
you find that the defendant was sane at
the time of the shooting. that is that he
had the mental capacity to comprehend
and understand the nature ard conse-
quences of the particular act. and could
distinguish right from wrong, as applied
thereto, then and in that event you should
find the defendant guilty Of murder.
You are further instructed that ex-
pert testimony as to the sanity or insani-
" of a person. under a given state Of
facts. that is upon hypothetical questions,
or from personal examination Of the par
", is legal and competent evidence. and
is now recognized by all the courts: but
this evidence should be measured and
weighed the same as any other evidence
and under the same rules; and, in deter
mining the weight that is TO DE given TO
the testimony of an expert witness, you
should take into consideration his expe-
rience. his education. his knowledge of
the disease Of insanity. his appearance
on the stand, his manner of testifying,
and from all the circumstances surround
ing his testimony and the case determine
the weight that the testimony OF any such
witness or witnesses is is entitled to, and
give credit accordingly; but IS TO the
weight and credit that should be given TO
such testimony. you are the sole judges;
and in this connection you will also bear
IN mind that expressions of opinions by
expert witnesses on the subject of in
sanity, are given by the witnesses upon
the assumption that the hypothetical
question is a recitation or statement of
the real facts; and in this connection the
court viii instruct you that you are to
determine as to whether the hypothetical
questions put to the expert witnesses by
the respective counsel are correct state
ments of the facts as disclosed by the evil
dence.
THE court further iustructs you that
If you should find from the evidence that
the defendant. on the Tuesday or We'd
nesGay evening preceding the homicide,
had gambled and won money, that cannot
be considered by you as in any way tend
ing TO prove that he is guilty OF either
murder or manslsughter in the first de-
gree; it could only be considered by you
in connection with all of the other evil
dence in determining the mental condi-
ton or mental responsibility of the de-
PENDANT at the time of the homicide.
You are further instructed that you
are the sole judges of the weight Of the
evidence and the credibiiity of the wit
nesses. and the law is that where two or
more witnesses testify directly opposite
to each other, YOU are not bound to re-
gard the weight of evidence as evenly
balanced, but IN determining the weight
and credit that shall be given to the testi-
mony on any witness. you may take into
consideration his appearance upon the
stand, his apparent candor and fairness
or lack of the same his intelligence or
lack of intelligence, his opportunities or
lack of opportunities for seeing and
knowing the facts about which he testi-
fed, and, together with all of the other
facts and circumstances appearing upon
the trial, determine the weight and credit
that should be given TO the testimony of
any witness and to give credit accord
ingly.
You are further instructed that If you
should find and believe that any witness
has wilfully testified falsely relative 70
any material matter you may disregard
all Of the testimony of such witness, ex-
cept insofar as it may be corroborated by
another credible witness or by other cred
ible witnesses or by some other fact or
circumstance appearing upon the trial.
Under the laws of the territory Of Ok
lahoma, it is made the duty Of the jury, If
they find a defendant guilty of murder TO
designate in their verdict as to whether
the defendant shall suffer death or i'm
prisonment at hard labor for life in the
territorial peHitentiary; and in this con-
nection The court will instruct you that
II you find the defendant guilty of muir
which of these punishments he shall suf-
fer. If you find the defendant guilty OF
manslaughter in the first degree the court
viii FIX his punishment.
IT you should find the defendant
not guilty on the ground OF self-defense.
your verdict VIII be simply, Not guilty
But if YOU should acauit the defendant on
the ground Of insanity you win 50 state
in your verdict and also find as to wheth-
er his discharge would be dangerous TO
the public peace and safety.
You have heard al OF the evidence n
this case. The conrt has instructed you
as TO the law. and the rules b. which
YOU shah measure and weigh the evil
dence You viii now listen 20 the arsu-
ments OF counsel for the territory and
for the defense. and il is your duty %
give to these arguments and 10 any
theory advanced by any attorney. which
is reasonably deduced from the evieence,
your thoughtful and careful cousidera-
tior. But. II any attorney should ad-
vance any theory. which is not reasonably
deduced from the evidence. yoH should
disregard IL You should rot permit
yourselves 10 be carried away by any So
phist-v OF reasoning. which the evidence
does not tend 70 support ont Ton should
weigh a theory advanced by any coun-
sci snd determine from the evidence. IN
the light Of al Of the circumstances sp-
pearing upon the trial vhether It b.
reasonable or unreasonable This is
solemn and responsible dutT which sou
hsve been called up0n 70 perform. that ~ .
passing upon the life and liberty q fei- {
low eifizen. Win TIE courage q honest |
consistent ieus mea deal Justly between The I
territory ara tho defendant. ard Jet YOUR
verdict be the honest. conscientious senti- J