Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-01-31
jury Retires For Its Deliber-
ations Shortly Before the
Noon Hour
INSTRUCTIONS ARE LENGTHY
Justice Bowling Instructs .Jarymen
Regarding What Evidence They May
Consider or Reject Casts Doubt
on the HummeI Affidavit - lnstruc-
tions Considered Fair.

retired at 11:40, after Justice Downing
had charged them on the law and EVIL
dence. They took all the exhibits in
the case with them.
In opening his instructions Justice
Downing impressed upon the jury the
responsibility which was theirs, telling
them they should bear in mind that
upon their verdict depended the life
or liberty of the prisoner.
Your verdict must not be Influenced
by any matter outside the records,
said he. Neither passion nor sympa-
thy should swerve you in your deliber-
ations. You must not speculate or
guess as to the matters in evidence
here, but must decide the issue sole
ly upon your calm, dispassionate judg-
ment as to the weight, credibility and
meaning of the testimony. Nor are you
concerned with the punishment which
may follow verdict Of guilty at your
hands. Your sole function is to de-
termine if any crime has been COM
mitted, and its grade, and leave the
question of penalty to those response
BILE for it's imposition"
The justice told the jurors they
should bear in mind that the prisoner
is presumed to be innocent until the
jury has been convinced beyond a
reasonable doubt that heSis guilty; that
the burden of proof as to every ma
teral element rests upon the prosecu-
tion thruout. 1t was within the power
of the jury to accept or reject the tes-
timony of any witness in whole or in
part, and also determine the weight of
Importance to be given to the testi-
mony Of any witness.
The HummeII Affidavit.
After explaining at length consid-
erations which the jurors might take
into account in weighing the testimon-
ials of witnesses. the justice referred
to the so-called Hummell affidavit. He
told them the witness had been con-
victed Of a crime and they might con-
slider that fact in weighing his testi-
many; also if they found any witness
had deliberately testified falsely they
were at liberty to disregard his testi-
mony entirely.
"You will recollect that the affidavit
of Evelyn Nesbit was not received in
evidence as affording proof of either
the truth or falsity of the statements
therein contained" said he. but sole
ly for the purpose of seeking to estab-
lish the fact that the witness had
made statements under oath contra
dictory of or inconsistent with those
made by her upon this trial. And if
you find that contradictory or incon-
/ sistent statements were actually made
by her, or by any other witness. as to
matters actually involved in the main
issue herein testified to. you may take
that into consideration in arriving at
a conclusion as to the credibility of
such witness or witnesses. But con-
Trajectory or inconsistent statements
as to trivial or collateral matters are
not to be considered by you as affect
ing the credibility of a witness
Revenge, Not Insanity.
The Justice pointed out the provis-
ions of the statute, which provide that
the only persons excused from criminal
responsibility are those who suffer
such defect of the reason as either not
to know the nature or the quality Of
their acts, or not to know an act of
wrong. "Some may hold that this is
too hard a test,' commented the
court. ''but it is the law and it is clear.
explicit and reasonable. Mark you the
law says defect of reason and l must
instruct YOU that defect Of reason is
not the opinion a man may hold as to
the justice or the correctness of his
own acts, or the opinion that the laws
Of the land are wrong. Hatred and re-
venge are not insanity Most crimes
are committed from just such motives
as these"
Mrs. William Thaw, Josiah Thaw,
Mrs. George L. Carnegie, and Evelyn
Nesbit ThaW were in the court room
while the justice read the charge.
From the moment the first words came
from the bench until the jury had filed
out to begin it's deliberations, the
court room doors were locked, and no
one was allowed to pass in or out. The
defendant listened intently to the
judges charge, the reading of which
occupied just forty minutes. The fact
that the jury desired to examine the
exhibits, was taken to indicate that
they will be some time at their de-
liberations.
Discusses Reasonable Doubt.
While on the subject of reasonable
doubt, Bowling said that the doctrine
applied as well to a grade of crime
as to the question of innocence of re-