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

declarations or statements were under
standingly made and clearly apprehend
ed and remembered, it is often salts
factory form of proof.
You should take into consideration
the circumstances under which the a.
legged statements were made and the I,
party to whom they were made, as dis
closed by the evidence in this case
bearing upon such statements, and from
all the facts and circumstances sur
rounding said statements you should
give such weight as you believe it en-
titled to.
Evidence has been introduced by both
the state and the defendant as to the
reputation of the defendant for truth
and veracity, and as to his general
moral character, in the neighborhood in
which he resides. Such evidence may
be considered by you as testing the
credibility of the defendant as a wit
ness but for no other purpose.
Evidence has been offered and admit
ted tending to show that the reputation
for truth and veracity of certain per-
sons who have testified as witnesses in
this case is bad in the community where
they respectively reside, and evidence
has also been admitted tending to show
that the general moral character of GER
tain persons who have testified in this
case as witnesses, is bad in the COM
munity where they respectively reside.
The jury are instructed that the said
evidence which attacks or sustains the
reputation for truth and veracity or the
general moral character of any person
testifying, was and is submitted to you
and may be considered by you only as
testing the credibility of the witnesses
to whom the same relates, and, after
consideration of all the evidence, you
should give to the testimony of each
witness such weight and credit as you
believe such witness entitled to receive.
The jury are instructed that they
are the sole judges of the credibility
of the witnesses. In determining their
credibility, you have right to take in
to consideration their appearance on
the stand and manner of testifying;
their candor and fairness or lack of
those qualities; their intelligence or
want Of intelligence; their knowledge of
the matters of which they testify or
lack of knowledge; their interest in the
event of the suit or want Of interest;
the relationship of the witnesses to the
suit if any is shown; their temper, feel
ing, bias or prejudice, if any is shown;
and to give such credit to the testimony
of each witness as he has shown himself
entitled to receive.
| The jury are instructed that they are
the sole judges of the weight of the
testimony. In determining what weight
should be given to the testimony before
you, you should consider the whole of
the evidence, and all the facts and cir
cumstances proven on the trial, giving
to the several parts of the evidence the
weight to which they are entitled. And
it is your duty to reconcile, if possible,
all the different parts of the testimony,
and, if the evidence is conflicting, to
carefully examine it in all it's parts, in
the light of these instructions, for the
purpose of determining the very truth of
the matters at issue. And in determin-
ing any of the questions of fact present
ed in this case, you should be governed
solely by the evidence introduced be-
fore you; you should not indulge in any
speculations or coniectures as to what
might have been proven, or what might
have been shown to be true; and all
conclusions drawn by you should be
based solely upon the evidence before
you and not upon conjecture or specu-
la1ion.
The court lnstructs the jury that be-
fore you can convict the defendant of
the crime charged, the state must show
and prove, beyond reasonable doubt
that the defendant did, at and within
the county of Decatur and state of Iowa
and prior to the finding of the indict-
ment in this case which was on the 31st
, day of March, 1904, wilfully, deliberate
| ly, premeditatedly and of malice afore.
thought, unlawfully kill and murder
/ one Eliza J. Woodland by means OF
} poison.
, Your verdict will be in writing, sign
/ ed by your foreman, and will be in one
of the following forms:
State Of Iowa,
VS..
Charles Woodland.
We, the Jury, find the defendant
guilty Of murder in the first degree anl
; fix the punishment at death.
f Foreman.
t State of Iowa,
VS..