The Dickinson press., 1904-11-05

II: after . careful and impartial consideration
OF ~ the evidence in the case, you can say and
feel that You have an abiding conviction to 9
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of the charge, then you are satisfied beyond o
reasonable doubt as ia. his guilt, and it would
be your duty to convict him.
Circumstsntial evidence in criminal cases is
the proof Of such facts and circumstance
connected with or concerning tho commission
OF the crime charged. % tend to prove the
facts and circumstances are sufficient to satisfy
the jury. Of the guilt Of the defendant, beyond a
reasonable doubt, then such evidence is SUN.
Gent to authorize the jury In finding . verdict
In very many criminal cases it becomes
necessary to resort TO- circunstantial evidence.
secrecy snd in f%sfreting out and establishing ~
proof Of such criminal acts, evidence should
not be disregarded simply because 1t 10 circum.
stantial. Such testimony is just az reliable q
points irresistibly and exclusively to the com
mission, by tbs accused, of the crime.
A verdict of guilty in many such cases rests
the testimony of eye witnesses, whose memory
must be relied upon and whose passions and
preejudices may have influenced them.
base a verdict Of guilty upon circumstantia
evidence, the circumstance proven must point
so directly and exclusively to the guilt Of the
thesis consistent with his innocenes.
Circumstantiai evidence is legal evil
dence, and if you find when you come to
look over the evidence in this case, that
such as has been described by the def
milton above given. you must consider
it with the other evidence in this case,
for such evidence is legal evidence, and
just as binding as any other kind OF
evidence, if it convinces you of the
defendants guilt beyond all reasonable
doubt.
You are the sole judges of the credi.
bility of each witness in the case. II
you find from the evidence that any
witness has sworn falsely as to any
material TACT or issue in this case, you
should receive the testimony of such
witness with caution. You have a right
to reject the statements of such witness
unless corroborated by other credible
evidence.
If you ind that a witness has made
statements out Of court different from
those which he has made as a witness
under oath in this case, you may take
that fact into consideration in estimat-
ing the credibility of such witness.
In judging of the credibility Of a wit
ness you have a right to take into the
account the manner In which such wit
ness has testified, the general appear
ance of the witness upon the stand,
whether or not the witness was in a
position to know that what he has stated
under oath is true; his apparent willing
ness or unwillingness to state that which
he is called upon to state under oath;
his apparent intelligence or lack of
intelligence, his apparent candor and
fairness or lack of candor and fairness,
his interest or lack of interest in the
result, if either appears; whether or not
his statements are reasonable and worthy
of credit when compared with all the
other evidence and circumstances sur
rounding the case, as disclosed by other
credible evidence.
In passing upon the testimony of the
witnesses, the jury have a right to take
into consideration any interest which
such witnesses may feel in the result of
this trial, if any is proved, growing out
of their relationship to the defendant or
to the prosecution.
One way of testing the credibility of
a witness is to put witnesses upon the
stand who are acquainted with his gene.
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ascertain from them what the reputation
of such witness is, whether good or bad,
and whether or not from their knowl-
edge of such reputation they would
believe the witness under oath.
In criminal cases a defendant can
not be compelled to be a witness. But
in this case. the defendant at his own
request was permitted to 60 upon the
stand, and be sworn and testify as a
witness in his own behalf.
Having voluntarily testified as a wit
ness, you have a right to test his credi-
bility as a witness in the same way as
any other witness, and In judging of his
credibility you have a right to consider
the testimony of any Witnesses who may
have testified as to his general reputa-
ton for truthfulness, and as to whether
or not from their knowledge Of such
reputation they would believe him under
oath.
But | charge you that the evidence Of
such witnesses, as to the defendants
t%ruthfulness, cannot and does not put
the defendants general character in
issue. The testimony of such witnesses
can only be considered by you as far as
It may or may NOT have a tendency to
auect the cleaiDiiity {Qf the defendant as
a witness.
In testing the credibilitY of any wit.
ness who has testified in this case you
a right to take into consideration
any interest. II any has been proven, or
shown, which the witness may have in
the result Of the trial.
Reputation as to any particular trait
attribute of character means the 4
estimate attached to a person by the
in which he lives or has
lived, as to such traits, or attributes;
character by report; opinion of charac-
ter generally entertained.
The foregoing definition and principles
apply to whatever attributes Of charac-
Ter may have been put in issue in this
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