The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19

such testimony, and give it the con-
sideration to which it is entitled, in
view of all the other evidence in the
case
The defendant has testified as wit
ness, and you should weigh his testi-
mony as you weigh that of any other
witness; consider his interest i'm 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 al
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 in case of some other witnesses
because of their natural bias, or THEN
inclination to secure a conviction or ac-
quittal, on account of their employ
ment, or their desire or ambition to
prove themselves successful in THEN
calling.
You are not necessarily required, how
ever, to disregard their testimony en-
tTely; 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 evi
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 then
testimony such weight as you deem ii
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 up
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, OIL
communicated by, those who have actual
knowledge of sucn facts by means of
witness testifies that he saw an act
done, or an offense 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
a 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. s.
Circumstantial eidence is the proof of
such facts and circumstances connected
with or surrounding the commission of
L h Il - I.
guilt or innocence of the party charged
Circumstantial evidence is legal and
competent in criminal cases, and if it
is of such 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 reas-
enable doubt, then such evidence is suf-
ficient to authorize the jury to find a
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
as positive evidence, it should be reli-
ed upon, and acted upon, to the same
extent.
But where conviction of criminal
offense is sought upon circumstantial
evidence alone, the prosecution must not
only show beyond 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. TIE
circumstances must not only be in har
mony with the guilt of the accused, but
they must be of such a character that