The Barre daily times. (Barre, Vt.) 1897-1959, 1907-04-11
JURY WRESTLES
FOR "A VERDICT
IN THAW CASE

mitted not as affecting the character Of
the deceased, but that You might con-
slider what effect such story had on the
defendants mind. Iii considering her
story, her credibility AS witness II
highly material and everything that she
has said or done must be taken into
consideration. Her admissions regarding
the relations existing between herself
land the defendant prior and subsequent
to this tragedy and prior to her mar
riage, 81 any other act, should be weigh
ed hi connection with her story.
"A wide latitude was allowed on cross
Iexamination. You should give due credit
to NIL that was developed, along with
other facts. The letter, the will and the
eodicil which are before you were not
admitted under any ruling as To their
competency, but by consent Of counsel.
There has been no denial here that
death resulted from pistol shot wounds
inflicted by the defendant.
"The legal presumption Is that the
defendant was sane when be committed
the act 1t was not incumbent upon the
Iprosecution to introduce preliminary tes-
timonv 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 as
lsunes that all men are sane, as it as
lsumes all men innocent. The burden
of proving a crime is on the prosecution,
i but the burden OF oyerthrowing sanity
is on the person claiming 1t. The de-
fendant is entitled to the benefit of
the doubt in this case.
"The hypothetical questions which
wae answered by the expects assumed
certain facts, and the answer was only
the opinion of the expert on those as
sumed facts. You are not obliged nor
arc you permitted to accept opinions as
you would facts. In considering the
testimony of medical experts, you are 70
consider their experience and knowledge
and you should consider the quality Of
the medical testimony and not its quan.
ltity.
@Ihe so.called irresistible impulse has
no place in the law and is not an excuse
Inor is every person of q disordered mind
/ excused. While the burden OF proof
lof insanity is on the defendant, he l.
also entitled to every reasonable doubt
on the subject. If the defendant knew
the nature or the quqality Of his act,
or knew that the act was wrong then
he committed crime. All men differ
Enientally and physically and this makes
lit impossible, MS ! said before, for the
court to lay down fixed rule as show
ling deliberation and premeditaticn
aYou must be guided, gentlemen, en-
titely on the evidence. Clsmor, prein.
dice and sympathy must not prevail
You must be guided by your reason and
your judgment,
II The case has been fully tried and
have not attempted to make any epitome
of the evidence. II in any allusion
have made to the facts my statement
does not agree with your recollection
you should take your own recollection.
DTt is the duty Of each juror TO con
slider the evidence. all the pertinent
i statements of counsel and the sugges
tions of your fellow jurors.
Il have endeavored TO faithfully guard
the rights Of the defendant as we'll a:
! the rights OF the people in the many
rulings | have had TO make and have
J tried with elearness and fairness to in
| strucs you in the law
@The facts must be carefully weighed
Remember the oaths yon took to wei
and truly try this Issue. Weigh The
evidence carefully, consider it and dis
, cuss it and return your verdict according
to your oaths"