The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-06-15

me. aualrs n,
10. If, after you have Co..
lhe evidence in this case f7i-Il.aefed al
partially, and after haviDg and In.
with each other as to vble5 consutss
dict should be, any Juror I a. your ver.
reasonable doubt Of tbo 5sftains
guilt, then you cannot fD5 L T-ltAdanC,
Each juror, under his oath LIN guilty
according 10 his Conyfctior,- must Vote
reasonable doubt with wbjeL and q.
DO IS the doubt in his o,r, N. ne has 10
this does not mean that ca Ii.lAd. b.,
nor CONSIDER and respect the 80. can
llI9 Leilo" jurors. but when he O
CORDED 70 tnem all proper consi5-S a.
and respect. If a reasonabia ,5,l-'giratioa
mains in his mind, he shorI5 u ,'lt Be.
guilty. '-il vote no.
Circumstantial Evidsnc.
IL Circumstantial evidence :,
maj cases is competent and IL l erin.
same force ana effect as anv otbs vi lss
denee, provided the facts ana '.i5' ev-
stances, when taken all togat7a.1 '1lln-
such a character as To safi-s,- are q
minds Of the jury beyond = 50 ths
doubt that the defendant 4, ,''onaos
rms kind Of evidence is the eu.F.
such facts and circumsfs,,.ll. ~ 0oi o.
nected with or surrounding IN. con-
tFati0n Of the crime cbarga5 psIpe-
to show the guilt OF innocanc,o s tend
person accused: and IF these 60 ~ 'le
circumstances, when Consfda-s5 70 ~ ana
gether, are sufficient to s7tfsf,." .J-
minds OF the jury Of the gufIf Ss .te
defendant beyond a reas01abIe VI VI .ll
then such evidence is srf5-i.--''-oL
authorize a conviction. brf if 10
IacIs ana circumstances when c,--.C.4
cred al together, are cana bIa ~
planatlon upon any other raas,,.t1
hypothesis than that the defer5s-.'.7
guilty, then such evidence vfn
warrant a conviction. t
The prosecution claims that tb. 81
dence in this case is made mn ~
chain of circumstances. and Co.
links, so connected together thai ~.
lead up with all reasonable cartsl-..
10 the defendants guilt I charge W,
that in order to convict the defs15.-++
upon this class Of evidence. YOU INNS,
be satisfied beyond a reasonable 5-r5.
that each material fact or necesss-.
link in the chain has been proven. az
II you have q reasonable doubt ~.
any material fact or link constitute
the chain Of circumstances has bsss
proven, then you should acqult n.
defendant
II. All Prescriptions Of law. irss
pendent Of evidence, are in favor off7
nOcence. and a man is presumed N B.
innocent until he is proven guilty bs.
yond a reasonable doubt. This r-s
sumption attends a defendant at avs--
step Of the trial. and you are bound !,
presume him innocent until he Ia
proven guilty beyond a reasonable
doubt, and in case Of a reasopabls
doubt, whether his guilt is satisfsc.
torily shown, he is entitled 10 an &C.
quittaI
Character Of Defendant.
IS. If you believed from the evidence
that the character Of the defendant for
peace and quiet was good. You should
consider &c as bearing upon the prob
ability as to whether he would. with
such character, be likely. without
prOvocatiOn, to do an unlawful act Of
violence. Evidence Of good character
is important and I'm a doubtful case
may turn the scale in the defendants
favor
"a. Under the law OF this state a de-
PENDANT in q criminal case may. II he
chooses 10 do so, testify i'm his own be-
half, but If ne does not offer himself
as a witness. that fact shall not IN any
manner prejudice him nor be used
against him on the trial, and you are
instructed that you must not take into
consideration nor in any manner be
influenced by the fact that the de-
PENDANT did not testify in this case.
Is. In every crime or public 0ffensa
there must exist a union or C0-OpeH-
ton Of act and intent or criminal neg
ligence. The intent or intention is
manifested by circumstances connect
ed with the Offense, and the sound
mind and discretion Of the accused.
is. If you believe any witness has
wiIfully testified falsely as to any ma
teTial fact in this case, you are az l5-
eTty to disregard the whole or any
part Of the testimony Of such witness
except as he may have been corr0bo-
rated by a credible witness or credi-
bic evidence in the case.
Il. You are the exclusive judges Of
the facts proven. Of the Credibiiity o..
the witnesses, Of the weight and effect
Of the evidence, and Of the inferenc@
TO be drawn therefrom. and IN deter
mining these matters you are 90 eEer-
else your best judgment based upon
your experience in life as business
men, and your knowledge Of the mo
tives which influence persons in Their
statements. You have the right 20
take into consideration the cOnduc.
and manner Of the witnesses while tss-
flying before you; their intelligence
and means Of observation; their op-
portunities to know and capacity 20
remember and 10 state the facts 70
which they testify; their interest OF
lack of interest, IL any has De7-
shown, in the result Of the trial. .nsI
prejudice or bias, if any has Deel
shown; the state Of mind Of any Wit
ness at the time Of the occurrence o-
the things about which he has tesl-
fed, in so far as the evidence enao.F'
you to judge 1t. and the pTObabllii! u
improbability Of the truth Of tl5-
statements, in view Of all the ola-
evidence.
Conflict in Testimony.
In case there is q conflict in the iss-
timony of the witnesses, ir IS you
duty to reconcile such conflict 81 -e
as you can, but It is still for you ~
determine for yourselves where lAs I-
innate truth Of the case is. ..-
IS. II is your duty 10 COusi1-t t- --
evidence all together fairIy, impair ,4a-.
and cOnscfentiousIy. You should a.
rive at your verdict solely upon ---
evidence introduced before you ut--
the trial. You should not c0nsiae-. -..
be Influenced by any evidence o-1-l -
but not admitted by the court nor aug
evidence stricken out by the eo-. Do
You should not consider nor pe --
fuenced By any rUmor or eXpresz
Of opinion you may have heard o.. 80 80
out Of court. nor by the fact il b.
believe ii to be fact, thar q l-.g.
sentiment exists in favor Of or asal--.
the defendant You should not
slider nor be influenced by any s-a-.
ments Of counsel as to what Inc
denee Is unless they state Do cor
nor by any statements % NUNS
facts not shown By the evidence .-.
1g. Under the law Of this sta--.
penalty for murder in the first l5s- -.-
il death. or upon the recOmme L--e --. !.
OF the Jury may be impriso1l.-l--. s o.
hard labor in the state prison lot ..-.
and II YOU should find the deL---- -,l--
rr,rf7f,- ~ murder i'm the first 4rs