Evening journal., 1903-03-26

from direct evidence. The state claims
to have produced ia this case both di-
rect and circumstantial evidence.
But whether the evidence be direct
or circumstantial, or both, il must In
every case be OF such a chamcter as
10 satisfy the minds of the jury OF the
guilt OF the prisoner beyond a reason-
able doubt.
Such a doubt. gentlemen, must not
only be reasonable under the facts dis
closed In the case, but must grow out
OF the evidence as you have heard 1t
here and must be OF such
character as to present TO your minds
reaching an honest conclusion OF the
guilt OF the accused, after most care
ful and conscientious consideration OF
all the facts. circumstances and condi-
tions surrounding the case. II after
such consideration, there remains In
your minds such reasonable doubt OF
the guilt of the prisoner, you should
acquit him.
The burden OF the proof Is upon the
State. All the presumptions OF law. in
dependent OF evidence, are I'm favor of
the innocence, and every person ac-
cueed OF crime is presumed TO be inno-
cent until proved guilty
/ Expert testimony Is the evidence OF per-
sons who are skilled IN some art, science,
profession or business, which knowledge
is not common TO their fellow men and
which has come to such experts by rea-
son OF special study. and experience IN
such arts science, profession OF business.
Tho ,unue Of such testimony depends upon
tho learning and skill OF experts and var
a. ...tn. A., ,,omo az ..nol,
THE Jury should take into consideration
the experts means Of knowledge. and the
reason ne assigns for the opinions he has
given. and give credence TO this tesu-
mony, as they may find his qualifications
sufficient and his reasons satisfactory.
The jury may accept or reject the con-
/ illusions of experts, as In their Judgment
; they may be found consistent with reason
[ and experience or otherwise satisfactory
The testimony OF experts Is TO be consid-
cred like any other testimony and IS 10
be tried by the same tests. and receive
just so much weight and credit as the
jury may deem dt entitled to. and viewed
IN connection with all the evidence in the
case.
The testimony Of the detectives. OF po-
: lice ofncers and OF relatives OF accused
persons Is to be taken and considered in
a like manner.
Proof OF a good or bad character,
whether it relates to witnesses.
or to the accused. de- to be considered by
r you as any other evidence tending to show
credibihty or innocence or guilt, as the
case may be: and is entitled no just so
r much weight as the Jury may deem just
, IN connection with all the evidence In tho
4 case. Like consideration Is to be given
10 proof OF marital relations subsstlng be-
tween the prisoner and his deceased wife
2 al and before the time OF her death.
I From the nature OF the evidence, and
the mystery attending this homicide, the
4 testimony IN this case has necessarily oc-
I cupled many days. Both your patience and
. endurance have been largely taxed That
Testimony Is now all before you II has
e been presented and argued, with great
care by counsel, both on the part Of the
! State and OF the prisoner.
From that evidence. and from that alone
you are to reach your verdict. after the
most thoughful and conscientious con-
slderation OF Il, under the solemn obhga-
4 tlon OF the oath you took when you en-
I tered that jury box. II after such con-
e. slderation you are not satisfied beyond a
q reasonable doubt that the prisoner did
kin his wife in the manner laid in the in
; dictment your verdict should be not
p guilty.
G Should you believe, however. that he
did kin her I'm such manner unlawful but
5 without malice. your verdict should be
y guilty OF manslaughter.
Again. II you believe that he killed her
/. IN such manner cruelty and wantonly, hut
without express malice afore thought. you
j should find him guilty of murder an the
= second degree.
= But II you believe that he killed her In
such manner, with sedate deliberate
4 mind and formed design to take life. then
S your verdict should be guilty I'm manner
K and form as he stands indicted.