The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-04-11

it is not an excuse, unless the IL
lusion is OF such character that
if true, it woud result in his in
Jury.
"Proof of partial or incipient
insanity is not sufficient as an ex-
cuse. The settled law Of the state
is that so long as that power to
appreciae the nature and quality
Of the act as present, no man
must commit crime if he would es-
cape the consequences. ~.
''If he cocks, aims and discharg-
es a revolver, as it is alleged here,
did he know when he cooked and
fired the weapon that the act was
wrong and that il would probably
destroy u life, and did he know
that the act was forbidden by law.
That is the question which the law
must have answered.
/ "Under the rule of evidence the
story. claimed by the defendant =
wife to have been told by her to
the defendant, is admitted not as
affecting the character of the de-
ceased, but that you might consider
what effect such story had on the
defendant g mind. In considering
her story, her crcdibility as q wit
ness is highly material and every
thing that she has said on done
must be taken into consideration
Her admissions regarding the rela-
lions existing between herself and
the defendant prior and subsequent
TO this tragedy and prior to her
marriage, or any otner act should
be weighed in connection with her
story.
ga wide latitude was allowed on
DISCRIMINATION You are to give
due credit 10 all that was developed
along with other facts. The letters
the will and the codcil which are
before you were not admitted un-
der any rule as to- their competency
but bv consent of counsel,
"There has been no denial en-
tered here that death resulted from
pistol-shot wounds inflicted by the
defendant.
| The legal presumption is that the
defendant was sane when he com.
n:itted the act. Ii was not incum
bent upon the prosecution to in.
troduce preliminary testimony to
show that he was sane.
"The burden of proof is upon the
defense.
Whoever denies sanity must
prove that insanity is present. The
law assumes that all men are limo.
cent. The burden of proving crime
Is upon the prosecution, but the bur
den of Overthrowing sanity is upon
the person claiming It. The defend
ant is entitled to the benefit of the
doubt in this case.
"The hypothetical questions which
were answered by experts assumed
certain facts and the answer was
only the opinion Of the expert OF
those assumed facts. You are no
obliged nor are you permitted t.
accept the opinions as you would
facts. In considering the testimon,
OF medical experts you are to con
slider their experience and knowl
edge, and you should consider th'
quality of the MEDICAL testimony
and not its quantity.
"The &c called Irresistible i'm
pulse" continued Judge Fitzgerald
has no place in the law and is no
an excuse. nor is every person of
disordered mind excused. While tn,
: burden of proof Of insanity is ol
the defendant. he Is also entitled I,
ject. If the defendant knew the ma
ture or the quality of his act, o
KNEW that the act was wrong whel
5 he comitted a crime. All men diffe
| mentally and physically, and this
, makes it impossible. as | said before
Y rule as showing deliberation and
, lpremeditatlon.
"As to the distinction betwee
: reasonable doubt and a possibl
: doubt you were thoroughly exam
: ined when you were about to bt
g iCOult JuTOTS. iHt INV UOtS ilot IT
lquire that the prosecution shall eI
e face every possible doubt. 1t only II
{ lquires that the prosecution shall 6
: beyond reasonable doubt. AS r,
q lcorder Smythe once charged a jur.
y the defendant is entitled to have h
: lguilt established by competent ev
- dence nnd beyond reasonable doubt
!, 1t need not be established beyon
all doubt, for that is an impossibility
Nothing in this world Is beyond a
4 doubt. The defendant Is entitled [
!, every reasonable doubt and that
|" all.
" "A reasonable doubt Is lsuch
doubt as might arise In the mind
u an intelligent man who, il called c
10 to give a reason for such a douh
y would not be at loss to do S,
l. A reasonable doubt is not an II
v agInary thing. 1t Is such a dou
IL as arises from the evidence. 1t
l. such q doubt as a painstaking mi
le man might have after full, ia
and impartial weighing Of the ey
=, dence. To all such doubts the d
a 20 ~ tc