The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1902-04-13

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p4rtlcgiar province gentlemen u me
syry - determine the f2ctz u the
case You receive from the court the
isw u the csse but the court himEelf
esnnOt invade the province " the .1ry
% determine
In this case I shsn ciBc5ss the cs.-
dsrcs that nas been presented - yOa
from ths FtsndpoiEt u the isw -
presented by the court The court
does DOt make the Law.
Prom his knOvledgs of the law
from the statutes a. written from the
wisdom u the sncieuts. aud a. digest.
ID by him from the decisions n the
great justices y; the past. with the
spirit " fairness ~ the prosecution
aud ~ the defendant and with the
BJie desire that the man IN trial shall
have al impartial hearing and with
the supreme object the dlscoyery "
the truth -tbe Judge has charged tae
jury the law
Gentlemen ~ the jury. I would be-
disiOyal 10 ny deepest convictions 81
] did not state % y0u az the outset
that the charge administered by the
Judge iu this case take 10 b. a fair
just and impartial exposition Of the
Law. : make no appeal m this jury
from prejudice Or passion. ask this
jury ~ disregard no written Law Of
the land when I state 70 this Ju-y
mat the charge Of the court az the
Tery outset II an impossible barri
cade that stands between that defend.
ant and conviction
Nov. gentlemen Of the Jury. be
cause a man is charged with crime Is
no presumption that he is guilty of
that crime. The presumption OF the
Law Ia that the defendant is innocent
The court charges you that you start
with that presumption The court
charges you that at every stage Of
the procedure that presumption iol
loving as long a. there IL In the mind
of the Jury a reasonable doubt of the
gullt Of the defendant The govern.
ment must prove every material In
gredient in the indictment beyond all
reasonable doubt
Here r. another principle of Law
20 which desire 10 call your after
ton In the beginning in determining
this case You DO not determine /,
from the facts as they appear 20 you
Ia the jury box Not from the fac.
a. they appear 10 you after you have
hcafc all the testimony for the gov
"rnment and for the defense. You
know what the Law is: what the cour,
charges you
Put yourself in the defendants
shoes.
Then gentlemen Of the jury. n
these great principles from the be
ginning follow this defendant every
where and in this hour OF his trial are
pillar OF nre by night and a cloud
by day 10 protect him. It devolves up
ON you on your oaths TO try the case
according TO law.
Gentlemen. have no desire 10 crit
icise yoir public oficers. and yet 4,
seems to me that the prosecuting at
t"rney who opened this case was mos,
"nkind when he came before this jury
and made the assertion that he is the
slnra0nal friend Of fha hafanAan. ~.