The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-03-20

jury. The jury will be justified. and
! are required TO consider a reasona-
ble~ doubt as existing if the material
facts without which guilt cannot be
established may fairly be reconciled
with innocence. In human affairs alb
solute certainty is not always attain
able. From the nature of things
reasonable certainty is all that can be
attained on many subjects When a
| full and candid consideration of the
evidence produces a conviction of guilt
and satisfies the mind to a reasonable
certainty a mere captious or ingen-
! ious artificial doubt is of no avail
| The jury must look to the evidence
and if that satisfies them of the de-
fendants guilt they must say SO; but
| if they are fully satisfied and find on
| ly that there are strong probabilities
of guilt the only safe course is to
acquit.'
LAW ABOUT VERDICTS.
Gentlemen of the jury if you find
| from the evidence admitted in the
case that the State has failed to
prove the defendant guilty of the Of
fense with which he stands charged
| in the Indictment. and that the state
| has failed to prove the defendant
| guilty of the offense of assault and
| battery, your verdict should be not
! guilty. If you find from the evidence
that the state has proved beyond the
! existence of a reasonable doubt that
the defendant is guilty of the offensc
| charged in the indictment you should
return verdict of guilty against
! him.
In case you find from the evidence
! that the state has not proved the de-
| fendant guilty beyond the existence
| of reasonable doubt of the crime OF
murder in the second degree with
which he stands charged in the in.
dictment, you should then inquire
whether or not the State has proved
the defendant guilty of the crime of
manslaughter by proof beyond the
| existence of a reasonable doubt And
| if you find that the State has proved
the defendant guilty of the crime of
manslaughter beyond the existence OF
reasonable doubt you should re
turn a verdict against the defendant
| for the crime of manslaughter.
In case you find from the evidence
that the State has not proved the de
| fendant guilty beyond the existence OF
a reasonable doubt of the crime OF
murder in the second degree, and in
case you further find that the State
| has not proved the defendant guilty
! beyond the existence of a reasonable
| doubt of the crime of manslaughter,
| you should then inquire whether or
not the State has proved the defend
ant guilty of the crime of assault and
battery beyond the existence of a
reasonable doubt, and if you SO find
you should return a verdict of guilty
against the defendant of assault and
battery.
JURORS THE JUDGES.
Gentlemen of the jury, you are
| the judges Of the facts in this case;
it is for you to try and determine the
facts and the issues of fact from the
evidence admitted by the Court under
the instructions of the Court as to
the law only. You are also Judges
of the credibility of the witnesses,
and it is for you to determine the
weight to be given to the testimony
of the several witnesses who have
testified in the case in the light of all
of the other evidence in the case
| Upon your retirement you will cOnsid-
er all Of the evidence which has
been admitted in the case. You
should consider this evidence care
fully, fully and impartially. You
should consider it without any passion
or prejudice, and after you have
given it such consideration you
should arrive at a verdict which viii
be true deliverance between the
State of Ohio and the prisoner at
the bar
After Stevens was found guilty his
| counsel moved for new trial, and
argument on this motion will prob
ably be heard next week. In the
! meantime Stevens will remain in the
county jail. Attorney Atlee Pomer-
enc. who with Attorney Snyder. made
a hard fight to save the accused man,
went to MillersbuTg Thursday night,
supposedly to secure some new evi-
dence, probably as to Stevens past
record.