Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

terial fact In this case, you are at lib,
erty to disregard the whole or any part
OF the testimony OF such witness, ex.
cept as he may have been corroborat.
ed by credible witness or credible ey.
idence In the case
| li-fou are the exclusive Judges of
the facts proven, OF the oredibIlity of
the witnesses Of the weight and effect
or the evidence and of the differences
to be drawn threfrom; and In determ :
ming these matters you are TO exercise
your best judgment based upon your
| experience In life as business men, and
your knowledge OF the motives which
influence persons In their statements
fou nave the right TO take into consid-
! eFatlon the conduct and manner of the
| witnesses while testlfying before you:
thelr Intelligence and means of obser-
walton: their opportunities TO know and
capacity 10 remember and TO suite the
facts to which they testify: their inter-
est or lack OF interest. II any has been
shown, In the result OF the trial: their
prejudice or. bias. II any has been
shown: the state OF mind OF any Wit
ness at the time OF the occurrence of
the things about which he has testf-
he'd. In so far as the evidence enables
you TO Judge It; and the probability or
improbability Of the truth OF their
statements, In view OF all the other
evidence.
In case there ts a conflict In the tes-
timony OF the witnesses Il is your
duty to reconcile such conflict so far
as you can. but II Is still FOR YOU TO
determine for yourselves where the ul-
timate truth Of the case is.
ls II Is your duty TO consider the evi.
dence all together fairly. impartialy
and conscientiously. You should ar
rive al your verdict solely upon the
evidence introduced before Won upou
the trial. You should not consider nor
be Influenced by any evidence offered
but not admitted by the court, nor any
evidence stricken out by the court. You
should not consider nor be Influenced
by and rumor or expressions OF opin-
ion you may have heard or read ont
of court, nor by the fact, n you believe |
Il 10 be fact, that a public sentiment |
exists In favor Of or against the de- !
PENDANT. You should not consider no, |
In anyway be Influenced by the fact |
that the defendants wife or any Nom 4
bers OF his family have or have rot 1
been present 10 court during this trial !
You should not consider nor be lnfiu-
enced by any statements OF counsel rs /
10 what the evidence Is unless they /
state u correctly. nor BY any state.
ments OF counsel Of facts not shown By
the evidence,
49, Under the law OF this state. tho
penalty for murder In the first degree n
death, or upon the recommendation OF
The Jury may be imprisonment at hard
labor In the state prison for life. and
4 you should find the defendant guilty.
of murder In the first degree. YOU
should then consider the question of
making such recommendation. and II
Nil be your duty TO consider such
question In the same manner as any
,ther question submitted 20 you. civ
ng TO L your careful and conscientious !
and sholnd you decide 10
make such recommendation. you WIN
nclude II In your verdict.
20 When you retire 10 deliberate !
Iou should appoint one Of your number
oreman. Your verdict must be In
writing, signed by your foreman. and
yhen found, must be returned by you
nto court. In this case II requires a
unanimous concurrence Of all the
arors 10 find q verdict. ii