The Montgomery advertiser., 1907-04-11
JURY NOW CONSIDERING <
 THE CASE OF HARRY TIA w.
Justice Fitzgerald Giues Charge 10 Men
 Who Hold Thalu's Fate.

If he cocks, aims and discharges { revolver. as it is allsg,d here, did he know when he cooked and fired the weapon that the act was wrong and that 1t would probably destroy @ life and did he know that the act wae for bidden by law? That Is the question which the law must nave answered:
 Under the rule of evidence the story claimed by the defendants wife fendant Is admitted. not as affecting the character of the deceased but that you might consider what effect such story had on the defendants mind. In considering her story the credibility as 8 witness is highly material and ev- erything that she has said or done must be taken into consideration. Her admission regarding the relations ex- isting between herself and the defend- ant prior and subsequent 10 this trag- edy and prior to her marriage, or any other act should be weighed in con- nection with her story.
 "A wide latitude was allowed on due credit to all that was developed along with other facts. The letters, the will and the codicil, which re be- fore you, were not admitted under any ruling as to their competency. but by consent of counsel.
 There has been no denial entered here that death resulted from pistol shot wounds inflicted by the defend- ant.
 The legal presumption is that the defendant was sane when he commit ted the act. It was not incumbent up- on the prosecution to introduce pve- lfminary testimony to show that he was sane. The burden of proof is up- on the defense.
 afWhnavar that insanity is present. The law as- sumes all men sane. as 1t assumes all men innocent The burden of proving a crime Is in prosecution, but the bur den of overthrowing sanity is on the person claiming it. The defendant is entitled to the benefit of the doubt in this case.
 'The Hypothetical questions which were answered by the experts assumed certain facts and the answer was only the opinion of the expert on those facts. You are not obliged nor are you permitted to accept opinions as you would facts. In considering the testi- ony of medical experts you are to con- slider their experience and knowledge and you should consider the quality of the medical testimony and not It's quantity.
 ."The so-cailed irresistible impulses has no place in the law and is not an excuse, nor Is every person of dis ordered mind excused. While the bur den of proof of insanity Is on the de- fendant he is also entitled to every reasonable doubt on the subject If the defendant knew the nature or the quality of his act, or knew that the act was wrong. then he committed . crime.
 "As to the distinction between reasA enable doubt and a possible doubt you were thoroughly examined when you were about to become jurors. The law does not require that the prosecu- ton shall efface every possible doubt. It only requires that the prosecution shall go beyond a reasonable doubt Nothing In this world is beyond all doubt. The defendant is entitled to ev- cry reasonable doubt. and that Is all.
 "A reasonable doubt Is such a doubt as might arise in the mind of an in- telligent man, who If called upon to give a reason for such a doubt would be at @ loss to do so. A reasonable doubt Is not an imaginary thing. It Is such a doubt as arises from the evil dence. It Is such 6 doubt as a palms. taking man might have after a full, fair and impartial weighing of the evidence. To all such doubts. the de- fendant is entitled.
 II doubt that this defendant Is guilty of murder in the first degree. but have no doubt that he Is guilty of murder in the second degree. you may find in the second degree. And so with man. slaughter.
 "You may in this case. let me say once more, find the defendant guilty of murder in the first degree. guilty of murder in the second degree. or guilty of manslaughter-
 If you vote for acquital on the ground of insanity, you may state that ground in your verdict.
 You must be guided, gentlemen. en- tirely on the evidence. Clamor. pre- judlce or sympathy. must not prevail You must be guided by your reason and your judgment.
 have not attempted to make any cpl tome of the evidence. If, in any allus- ion have made to the facts. my state ment does not agree with your recol- lection, you should take your own re- collection.
 'Tt is the duty of each juror to con- slider the evidence, all the important statements of counsel. and all the sug- Kestions of your fellow jurors.
 'T have endeavored to faithfully guard the rights of the defendant as well as the rights of the people in the 
 many rulings I have made. and I have tried with clearness and fairness to in- struct you in the law.
 ''The facts must be carefully weigh ed. Remember the oaths you took to well and truly try this issue. Weigh the evidence carefully. consider 1t and discuss it, and return your verdict ac' cording to your oaths."
 Justice Fitzgerald supplemented his charge again clearly defining the legal definition of reasonable doubt and say ing no man should vote for verdict as long as a reasonable doubt existed in his mind. He did this by request Of MT. Jerome. The defense also request ed a special charge on several points, but Justice Fitzgerald said that he had practically dwelt on all of them with the exception of of few. upon which he declined to say anything. He grant ed the defense an execution on his rul- ing The jury then retired at 5:17 D. m.
 LAWS IN EFFECT.