The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1902-03-01
CHARGE OF THE COURT

Gentlemen OF the Jury You have
listened very patiently to the evidence
in this case which has taken some time.
We are now on the third day of the
trial Of this case, and a great many
witnesses have been examined and you
have listened to their testimony. That
testimony was put in quite rapidly,
but clearly. and with reasonable dis
patch on the part of both the people
and the respondent. with very little
Of debate, or anything to call your
attention away from the evidence in
the case. So | take it, gentlemen,
that you have listened closely to the ev-
idenee in the case and are in possession
Of that testimony You have also
listened TO the very able arguments of
counsel, which have occupied number
OF hours, in which the views of both
the people and the respondent have been
presented to you. II now becomes the
duty OF the Court TO give you some
rules Of law that ought to control and
govern you when you go to your jury
room to consider your vredict IN
this case.
shall not discuss the facts The
facts are purely for you. You are
the judges Of the facts and the
judges Of the conclusions to be drawn
from those facts. That is your prov
ince here. to pass upon the facts in this
case. under the rules of law az the
Court will give them TO you.
And now, in the outset, / wish to
call your attention TO the oath that you
have taken in this case that you will
well and truly try and true deliverance
make between the people of this state
and the respondent That means that
you win inquire into the facts, under
the law as given YOU by the Court, and
render such verdict as is just without
reference TO fear or favor that You
viii De governed by evidence. In that
way. and only in that way can you
perform the duty which you have taken
upon You as Jurors / have confidence,
gentlemen. in your integrity and in
the clearness Of your minds and your
ability to weigh this evidence.
Now you are not to be embarrassed
about the case. CounseI upon either
side have talked to you about the
gravity Of the charge The charge
against the respondent is a grave ones.
Charges generally in courts OF justice
are grave charges but you should not
allow the gravity of the case to so en-
barrass You that you cannot deliberate
over the evidence in the case. There
is no mysterious thing about the duty
Of juror. You are simply to take the
evidence and as honest men look IL over
with an earnest endeayor to reach the
truth Of the matter from the evidence
in the case. and then from that reach
your conclusion just as you would in
any other solemn or important duty of
life So do not allow the importance
Of the case TO embarrass you 50 that
YOU are unable TO take the facts and
handle them.
Coming little nearer This case,
gentlemen, the respondent, Samuel G.
Bennett, is charged with having killed
and slain, or taken the life of one Robert
Finley by means of gun shot wound,
the shot fircd al and upon the body Of
Finley on the third day Of August last,
ia this city The crime charged is
That of manslaughter The question
for you 60 pass upon is as TO whether
this respondent is guilty or not
rhif Finley is dead Is not disputed
To IS not disputed that Finley died by
reason Of a gun shot wound inflicted
upon him by this respondent on that
occasion, The only question is whether
the respondent is guilty Of the oiiense
of homicide or manslaughter. or
whether he Is not guilty BY reason of
his having acted in self defense
Homicide may be either ielonious or
"a wilfull homicide. as it is charged
here or manslaughter, or It may be
iustihable or eXcusabie. Now that rs
the real question in this case is the
respondent guilty2 He is guilty.
gentlemen, il you shall say that he
took the life of this man. unless you
shall say that he took that life under
circumstances which justified him in
defending himself
10 be innocent Of crime, until the
contrary is shown. When You entered
npon the trail Of this case you exercis-
ed towards this respondent that pre-
sumption Of innocence That was
mere presumption. You said. we will