The Leon reporter. (Leon, Iowa) 1887-1930, 1905-01-26

void or not in force for any reason. then
the said alleged insurance on the life of
the deceased would not be evidence of a
motive for the commission Of the crime
charged.
All the evidence introduced AS bear
ing uponsthe question of motive may be
considered by you and determined in
the exercises of your intelligent judg-
ment.
AS to whether the defendant had the
opportunities to administer the poison
which caused the death of the said
Eliza ]. Woodland, and as to whether he
had said poison within his possession
prior to it's being administered, you will
determine from the evidence. The find
ing ny you that such facts were estab-
lshed by the evidence would increase
and strengthen the evidence of the de-
PENDANTS guilt, and the finding by
you that such facts, or either OF them,
were not established by the evidence,
would increase and strengthen the pre-
sumption of his innocence. In the de-
termination Of these inquiries, every
part of the defendants conduct in re-
gard thereto, are proper for your con-
sideration.
The establishment by the state of a
motive, OF an opportunity and that the
defendant had poison, would not alone
he sufficient to warrant a conviction.
They are only related and contributory
inquiries, helpful in the ascertainment
of the ultimate fact which must be de-
termined by you, whether the defendant
did in fact kill and murder the said
Eliza j. Woodland in manner and form
as charged in the indictment.
The state relies in the case at bar, in
order to secure the conviction of the
defendant of the crime charged, wholly
upon what is known as circumstantial
evidence.
Circumstantial evidence is legal evil
dence. Circumstantial evidence is that
class of evidence wherein the principal
fact in the issue is to be inferred or de-
Quoted from other facts proven. 1t is
thus called because it is composed Of
circumstances or related facts, connect
ed in some manner with the ultimate
fact to be determined.
To warrant conviction on circum-
at anfio1 a1yiI0non @<,l g.,
Circumstance from which an inference
| is asked to be drawn must be independ-
emily proved and established, and no in
| ference should be drawn from a
fact not established. In drawing infer
ences and making deductions from facts
established, only fair and natural and
not forced and artificial conclusion
should be drawn.
In order to justify conviction upon
circumstantial evidence, the guilt of the
defendant must be established beyond a
reasonable doubt, and not only must the
established circumstances concur tt
show that the defendant committed the
crime charged, but they must be incon
sistent with any other reasonable con
clusion or. theory except that of guilt
1t will be sufficient if it satisfies the
mind Of the jury beyond a reasonable
doubt. If, in the case at bar, you be
lieve the state has proved such fact:
and established such circumstances a:
would warrant you in believing the de
PENDANT guilty beyond reasonable
doubt, then you should so find. If, how
ever, the facts proved and the circum
stances established, if any be PROVED
and established, can be reconciled upol
any reasonable theory or conclusion O
innocence, and if such facts and circum
stances do not exclude every other rea
sonable theory than that of guilt, thel
| it will be your duty to give the limo
} cent, rather than the guilty, interpreta
, ton and return verdict of not guilty
: The defendant has introduced evi
dence as to his good character as
peaceable, orderly and law abiding citi
zen prior to the time of the alleged OF
! Tense. The jury have right to consid
: er the same as bearing on, the genera
issue of the defendants guilt or limo
cence. 1t is to be considered upon tn
} theory that men of good character i
f those respects are less liable to eommi
: crime than men of bad character. |
5 does not rebut the commission of th
crime except by inference, and may b
5 considered by the jury in such ligh
and for such reason.
: Evidence has been introduced tend
, ing to show that certain declarations 0
statements were made by the defendan
| out of court. AS a general rule, tn
q statements of witness as to verbal &C
/ missions or declarations or statement
e Of a party should be received by til
S jury with great caution, as that kind {
f evidence is subject to much imported
I tion and mistake. The party may nc
n box III ri