The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-11-12

words of the prosecuting officer. and
Cecil MOlineux, the prisoners brother.
was very nervous.
In his concluding words Mr.. Osborne
begged the jury not TO let their feel
ings run away with their judgment and
not to refuse to convict through in
timidity.
It was past noon when EIr. Osborne
was through and then Justice Lambert
suspended proceedings until lis
o'clock.
The Judges Charge.
At the afternoon session Justice LAM
bert delivered his charge.
Katherine J Adams" he began.
died Dec Is, 1888, ana the defendant
is charged with the responsibility for
her death The defendant may be con-
Victed, if you think the evidence ade-
Quate, Of murder in the first degree, or,
if you think well. of murder in the sec
ond degree or OF manslaughter in the
first degree or Of manslaughter in the
second degree"
Justice Lambert read from the stat
utes the definition Of the various de-
gTees Of homicide, laying stress on the
necessity Of deliberation and premedi-
! tatiOn to constitute murder in the first
degree.
ct is contended here by the people .
he went on, that if this defendant Is
found guilty he viii be guilty OF muir
der in the first degree The defendant
by his counsel has made no argument
in this regard, but you are required
to consider those things in reaching
your decision.
''The defendant is presumed to be IN
nocent until the evidence shows his
guilt beyond a reasonable doubt. The
burden Of proof never shifts. It IS al
ways with the state to prove guilt and
not for the defendant 10 prove inno-
cence-
Reasonable Doubt.
at IS not easy to impart to a jury
/ the legal definition Of a reasonable
/ doubt If his guilt has not been shown
4 to you beyond &. reasonable doubt, YOU
must acquit him. A reasonable doubt
should be actual and substantial and
not founded on mere possibility
Judge Lambert summed up the adj
mitted facts in the case, the sending
Of the package from the general post
Office, its receipt at the knickerb0cksr
Athletic club and its administration to
/ Mrs. Adams BY Cornish, who received
/ it at the club.
cit is necessary he said, ''for the
state TO prove that the defendant sent
/ this package, that It was received BY
I Cornish and innOcently administered
/ to Mrs. Adams before you can ind
/ this defendant guilty It is for you 10
! say If the necessary evidence has been
submitted.
zone OF the most important efforts
/ of the prosecution has been to connect
this defendant with The address on the
| poison package. The state has at
] tempted to do that by witnesses from
4 banks and by witnesses brought to you
as handwriting experts. 1t is con-
+ tended by the prosecution that the de-
( PENDANT wrote that address Ualess
I that IS proven the defendant cannot be
j convicted Of any crime. So you see
/ that is a fact the state is compelled to
prove
Experts Not omnipotent.
Justice Lambert recited the evidences
1 of the handwriting experts en- both
4 sides and said:
I shall not discuss any Of that tes-
timOny. The law places the burden Of
that discussion on you. You are en-
titled TO exercise your own Judgment
regarding these disputed points The
opinions of these experts are not con
trolling upon you. You are under no
legal requirements to believe whafs they
told you.
You have to take the respoazi
Of your decision If the peop4 ease
stood on the question Of ham itliis
It should be dismissed. But, FL he cenv
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