The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1904-02-05

they must not only be satisfied that all the cir
curnstances proven are consistent with the de-
fendant having committed the act. but they
must also be satisfied that the facts are such
as 10 be inconsistent with any other reasona-
BILE conclusion than that the defendant is the
guilty person: and IL the material facts neces-
sary to constitute chain Of circumstances
sufficient to authorize the Jury In convicting
the defendant under the other instructions
herein are wanting. in a single link In such
chain. that is sufficient TO raise reasonable
doubt, then TIE jury will Gcquit the defendant
II is for You to determine from the evidence
as to whether or not the prosecution relies upon
circumstantiaI evidence alone for a conviction
9. The argument of counsel is for the purpose
OF aiding YOU to reach proper verdict in the
cause by refreshing in your mind the evidence
whch has been given TO YOU in this casc. and
by showing the application OF the law thereto
Tut whatever counsel may say. you will bear
in mind that II is your duty 10 be governed
in YOUR deliberations by the evidence you
understand and remember It 10 be. by the law
as given by the court II these Instructions. and
to render such verdict in your conscience.
reason and candid Judgment seems to be just
and proper.
10. You are instructed that the Indictment In
this case is OF itself mere iorr,aI accusa-
tion. charge. against the defendant. and It
is OF itself any evidence of the DEFENDANTS
guilt: and no Juror should permit himself to be
20 any extent influenced against the defendant
because Of or on account Of the Indictment
in the case.
II. You are further instructed that before you
convict the defendant under this inGict-
ment you must find and believe from the evil
dence. beyond n reasonable doubt. that tho de-
fendant. at the same time and came place. paid.
Ia % Albright other
eighteen members of the Hou,e OF Delegates
heretofore named in these instructions for their
totes upon Council bill No. H. introduced IN
evidence. and unless YOU so find you Will ac-
quit the defendant. But elsewhere herein
stated the payment 10 their authorized agent.
or agents. is. in law. payment to them.
INSTRUCTIONS
COVERING ALIBI.
1?. One Of the Gefenses interposed by the de-
fcndant in this case is that OF "alfbi."
which in law is a well-recoRnized and leRiti-
mate defense. BY the term ''aiibi' is meant
that the defendant was not present at the
time and place of the alleged crime and upon
said question the court instructs you fol-
lows: II. under all the evidence introduced by
the State. YOU have reasonable doubt OF the
defendant being present at the time and place
Of the alleged crime. YOU should acauit the
defendant: or. II the evidence upon the part Of
the defendant raises reasonable DOUBT IN your
minds to defendants being present at the
time and place OF tho alleged crime you should
give the defendant the benefit Of such doubt,
and acauit him: or. II all the evidence in the
case raises q reasonable double in your minds Of
the defendants presence at the time and place
OF the alleged crime. then you Will likewise
give him the benefit of such doubt and acauit
him.
H. The defendant is a competent witness IN
his own behalf but the fact that he is a wit
ness. testfying in his own behalf and the inter-
est he has at stake in this case may be consid-
cred by the fury in determining the credibility
Of his testimony.
"a. The jury instructed that they are the
sole Judges OF the credibity OF tho witnesses
and the weight to be given to their testimony.
In determining such credibiltty and weight they
VIII take into consideration the character of
Witness his manner on the stand. his interest.
IL any. in the result Of the trial. his relation
to or feel1pe toward the parties the prohabH-
ity or improbability Of his statements as we'll
as all the fac:s and circumstances given In
evidence. And in this connection you are
further instructed. that II you believe that any
witness has wilifully and knowingly sworn
falsely to any material fact. yor are at liberty
to reject ali or any portion OF such witnesses
testimony.