New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-17

case.
The defendant has testified as a wit
ness, and you should weigh his testi-
mony as you weigh that of any other
witness; consider his interest in the
result of the case, mis- manner, and the
probability or improbability of his tes-
timony, and in order to test its truth
fulness, apply to it all of the tests
which You apply to the testimony of all
other witnesses who have been sworn be-
fore you.
There have been called in this case
certain witnesses commonly called and
known as detectives.
In weighing the testimony of these
detectives, greater care should be used
than III case of some otner witnesses,
because of their natural bias, or their
inclination to secure q conviction or ac-
quittal, on account of their employ
ment, or their desire or ambition to
prove themselves successful in their
calling.
You are not necessarily required, how
ever, to disregard their testimony en-
tirely; you should take into consider
alton their office, or calling and employ
ment, you should consider their demean-
or while on the stand, their fairness
or want of fairness, whether they are
corrobOrated by other witnesses, or by
circumstances appearing from the evil
dence, what interest they have, if any,
in the result of the trial as shown. by
the evidence, and after considering all
Of these things, you should give their
testimony such weight as you deem it
justly entitled to. You are the sole
Judges of the credibility of each and
every witness VINO has been sworn be-
fore you.
Very much of The evidence that has
been introduced before you. is what is
called in law circumstantial evidence,
as distinguished from direct or posi-
tive evidence, bearing more or less 1p-
ON the question of the defendants guilt
or innocence of the crime CHARGED in
the indictment.
Evidence is positive, and direct when
the facts in issue are testified to, or
communicated by, those who have actual
knowledge of sucn facts by means of
their senses, as for instance where a
witness testities that he saw an act
done. or an oflense committed.
What Is Circumstantial Evidence?
Evidence is circumstantial when a
fact which is not positively known. is
presumed or inferred from other facts.
which are known and proved This is
case where very many of the materi-
al facts at issue rest entirely upon cir
cumstantial evidence The state claims
to have proved certain facts, and then
asks you to infer from such facts
the further fact of the guilt of the de-
PENDANT.
CMcunstantial oidance is the proof of
such facts and circumstances connected
with or surrounding the commission of
the crime charged, as tend to show the
guilt or innocence of the party charged.
Circumstantial evidence is legal and
competent in criminal cases, and if it
is of such a character as to exclude
every reasonable hypothesis other than
that the defendant is guilty, then it is
entitled to the same weight as direct
testimony.
And if these facts and circumstances
are sufficnent to satisfy the jury of the
guilt of the defendant, beyond a reas-
enable doubt, then such evidence is suf-
fcient to authorize the jury to find
verdict of guilty.
Circumstantial evidence may carry
conviction to the mind as positively as
direct and positive evidence. and when
circumstantial evidence is as convincing
rs positive evidence, it should be reli-
ed upon, and acted upon, to the same
extent.
But where a conviction of criminal
oIfense is sought upon circumstantial
evidence alone, the prosecution must not
only show beyond a reasonable doubt
that the alleged facts and circum-
stances are true, but such facts and
circumstances must be absolutely in
compatible, upon any reasonable hyp-
Othesis, with the innocence of the ac-
cused, and incapable of explanation up
on any reasonable hypothesis, other
than that of the guilt of the accused
1t is not enough that all the circum-
stances proved are consistent with, and
point to, the defendants guilt The
circumstances must not only be i'll har-
mony with the guilt of the accused, but
they must be of such a character that