The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-12-05

lts eltlzens depend upon the faithful
administration Of justice.
You have no right to be influenced
or controlled by anything but the evi
dence as it has been presented to you
and the law governing it as given tt
you by the court.
L have confidence that no though
or word or influence will sWerve you
verdict from where your honest judg
ment places it. Your function is to re-
turn to this court your opinion, YOU
Judgment, as to the truth Of the ale.
cation here presented. You have nj
right to permit either sympathy or ia,
vor, with one or the other party, t.
sway your Judgment.
When you have rendered your 1uds.
ment, based solely upon the evidence
whatever that judgment may be, il
conscientiously given, need never wor-
ry about the results of that decision
1t should not disturb or bother you al
any time through life whether, on the
one hand, it sends the defendant to an
sWer the death penalty, or whether ii
gives him the liberty and freedom
which he seeks.
L caution you to put aside any feel
ings Of favor or sympathy and, in the
closing hour of your labor, to do your
duty as you see it. The fact that the
indictment was found against the de-
PENDANT raises no presumption against
him
The evidence that Grace Brown lost
her life at Big Moose late admits OF
no doubt. But there is no testimony
on the part of the people as to an eve
witness to what occurred on the fatal
moment, other than the defendant.
But all evidence is, however, in a
strict sense more or less circumstan-
tial. whether consisting of facts which
permit the inference Of the guilt or
whether given by an eye witness.
The testimony Of an eye witness is pf
course based upon circumstances.
IF any of the material facts of a
case were at variance with the prob
ability Of guilt, 1t would be the duty
of the jury to give the defendant the
benefit of the doubt raised.
Gentlemen, evidence is not ito be
discredited or decried because it IS cir
cumstantial. 1t may often be more re-
liable evidence than direct evidence.
Something has been said with ref
erence to the motive. Proof Of motive
of crime is not Indispensable or essen
ton to conviction The motive in this
case is said by the people to be be-
cause of the relations that existed be-
tween this man and this girl Now
whether the situation in which he was
placed furnished a motive sufficient
for him to commit this crime rests
with the jury to say
1T is the duty of the jury to con-
slider the evidence of the previous
good character of the accused, togeth-
er with all the other evidence in the
case, in determining his guilt or inno-
cence.
II say to you, gentlemen, that /
know of no law, In fact there Is no
law, that requires that a defendant
should be present at the autopsy or
that he should be represented. He
has no particular right to be pres
emit: in fact he cannot be expected to
be witness. What say to you does
not mean that l am seeking to influ-
I ence your verdict, it Is simply to call
| your attention to the fact that it is
not an issue In the case and is not to
be considered.
st was further said by one of the
counsel that II every graft in HerlS-
mer county could be Investigated the
first thing he Would investigate in
that regard would be that of the ply
sicians. If there Is any graft going on
in Herkimer county that should be
| presented to the court in proper time
and in the proper place. That should
have no effect on your consideration.
"There are two questions to be de-
cided, first, was there a crime COM
mitted on Big Moose lake on the 18th
day of July 1906? If It is your judg-
ment that there was no crime commit
ted that ends the case and your YER
dict would be not guilty. If, how
ever. you find upon consideration and
elaboration, that it is your judgment
and decision that a, crime was commit
ted, YOU come to another question,
and that Is the second question,
whether the defendant was a party to
that crime, Did he commit the crime
there?
IF the Jury finds that Grace Brown
jumped overheard voluntarily and
that the defendant made no attempt
to re5cue her, that does not make him
guilty, and the jury must find the de-
PENDANT not guilty
while 1 do not say that you must
agree upon a verdict, I would suggest
that you ought not, any of you, place
your minds in position which will
not yield if, after careful elaboration,
You find that you are wrong
The jury Immediately after the
charge was concluded, retired and at
1910 O'Clock was still out.
At that hour the court room still
was filled. Judge Devondorf remained
in his private office. During the even
ing the jury asked instructions upon
certain points.