Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1905-02-22
peached by showing that their general
| moral cbaraptar ia had

peached by showing that their general
moral character is bad.
Par. 30. The general moral charac-
ter OF witnesses. is what people gener-
ally say of them morally in the neigh
borhoOd where they reside; whether
they are moral or immoral persons. If
the general reputation of the wit
nesses for morality in the neighbor-
hood where they reside is good, then
they are persons of good moral char
acter, and if the general reputation
for morality in that locality is bad,
then they are persons of bad moral
character within the meaning of the
law.
Par. SO. If you believe from the
evidence that any witness has been
successfully impeached, you may con-
slider snch fact in determining the
weight to be given the evidence of
such witness, and then give the same
the full weight to which you believe
it justly entitled under all the cir
cumstances of the case as disclosed by
the evidence.
Par. 81. In criminal causes full
and satisfactory proof is required;
mere weight of evidence is not suffi-
Gent unless it excludes all reasonable
doubts as to the guilt of the defen-
dant. The proof of guilt must be in
consistent with any other rational
superstition; the doubt must be real,
and not captious; it must not be q
forced or artificial doubt; it must,
without having been sought after,
fairly and naturally arise in the mind,
after comparing the whole evidence
and deliberately considering the whole
case, including all the evidence intro
duced upon the trial bearing upon the
question of the defendants insanity.
If, upon such consideration, your
minds and consciences are not abid-
ingly and firmly satisfied of the de-
PENDANTS guilt, if moral certainty is
not produced, if the Judgment wavers
and Oscillates, you should give the
defendant the benefit of the doubt
thus arising and acquit him.
Par. 3S. If you find the defendant
guilty at all you will find him guilty
of the highest offense of which you
have no reasonable donbt of his guilt.
If you find him guilty, and have
reasonable doubt as to whether his
crime is murder or manslaughter, you
will give the defendant the benefit of
the doubt and find him guilty of man
slaughter.
So, if you find him guilty of murder
and have reasonable doubt as to
his crime is murder in the
first degree or murder in the second
degree, you will find him guilty of
murder in the second degree.
Par. 80. If you find the defendant
guilty of murder in the first degree be-
yond reasonable doubt, it will then
be your duty to say by your verdict
what punishment you will inflict up
on the defendant, that is whether he
shall be punished with death, or i'm
prisonment for life at hard labor in
the state penitentiary
Par. 40. You are instructed that
if you find the defendant TT. Clifford
not guilty for the reason. that he was
insane at the time the act charged was
you will state that fact in
the verdict you return in this case.
Par. Al. The law does not require
that insanity should be shown to exist
for any particular length of time in
oder to acquit the defendant if that
with the foregoing instructions; but
it is sufficient if it is shown that it
existed at the time the alleged blow
was struck by the defendant
Par. 42. When you retire to con-
slider your verdict select one of your
as foreman and when you
have agreed upon your verdict write
it out on sheet of paper separate
from these instructions, have it
signed by your foreman and return in
to court with your verdict.
The form of your verdict will be:
"We the jury find the defendant T.
l. Clifford guilty of murder in the
first degree and we say that his pun
ishment shall be DEATH" or
'We the jury find the defendant T.
l. Clifford guilty of murder in the
first degree and we say that his pun
ishment shall be Imprisonment for
life at hard labor in the state peni-
tentiary," or
1--WE the jury find the defendant T.
I. Clifford guilty of murder in the Sc
cond degree" or
1--WE the jury find the defendant T.
l. Clifford guilty of manslaughter, or
1--WE the jury find the defendant T.
I. Clifford not guilty, and we find that
at the time he committed the act
charged in the indictment he was in
sane," or
1--WE the jury find the defendant
not guilty"
A. N. HOBSON,
JndUe