The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-06-13

way or the other IN reaching d Wei
dict or in deciding any question in
volved in the case"
Reasonable" Doubt.
The court then entered into
lengthy discussion of reasonable
doubt" and concluded as follows:
This rule of law. which clothes
every person who is accused of CRIME
with the presumption of innocence ana
imposes upon the state the burden o:
establishing his guilt beyond reason
able doubt, is not intended to ana
anyone who is in fact guilty of crime
to escape but is a humane provision,
guard against the danger of any innO-
cent person being unjustIy punished.
Under the provisions of recent
statute. you are required, in case you
acquit the defendant, to return YER
dict. in addition to the general find
irg, specifying, first, whether the de-
PENDANT committed the crime: second
ly, in case you find that he did COM
nit it. whether YOU acquit him because
of his insanity or mental Irresponsible
ty at the time Of its COMMISSION; third
ly, in case you acquit on that ground,
whether such insanity or mental ire
sponsibility still continues, and,
fourthly. in case you so acquit him and
find that such insanity or mental re-
sponsibility does not now exist. whether
there is such likelihood of relapse
or of it's recurrence as to render the
defendant an unsafe person to be at
large. Forms of verdict meeting these
various requirements have been pre-
pared and will be handed you to take
with you when you retire to Your jury
room. After due elaboration, you will
select the one that truly and fully eX
presses your conclusion or conclusions,
have your foreman, whom YOU will
choose to preside over your delibera
tons and act as your spokesman, sign
it and return it into court as your YER
dict and deliverance in the case. You
should be very careful and very con-
siderate in reaching your conclusion or
conclusions and in selecting the right |
form as such verdict and deliverance. |
At the outset of this protracted trial, |
you took your solemn oath that You
would we'll and truly try the issue i
the state and the defendant. The only !!
way you can discharge that solemn
verdict and deliverance express the
very truth ana nothing but the truth
as to the defendants guilt or innocence
You should reach that conclusion or
those conclusions and make that selec-
ton with a deep sense of the grave re-
sponsibility resting upon you and
with a firm resolve conscientiously to
discharge your duty.
Cautious Against Prejudices.
Let me caution YOU. gentlemen. not
to suffer the Nervousness of the crime
with which the defendant is charged
so to infiame your passions or beclOud
your judgments as to move you to con-
Wet him. if he be innocent. or if his
guilt be not established beyond rea-
sonable doubt On the other hand let
me caution you not to suffer your SYM
pathies for the man. on account of his
position or of any otheri
to deter YOU from con-
evidence beyond a reasonable doubt Of
his guilt. Be careful and cautious. but
at the same time be fearless and un-
in the discharge of your
eworu duty to render IA true verdict
to make Il true deliverance between the
state and hinl->Scrording to the ev,-
ileRce. whether that duty be 4 pleasant!
or dksagreeahla one, 21sa Ahetnes
that verdict bo, on& of conviction or QUE
Of acquitsal. The interests Of. society
delnand that every person. who is gull
ty Of an offence against the law. should
be convicted of that offence. where his
guilt is established by competent evi-:
dence beyond a reasonable doubt and
that every person accused of an Of
Tense again I the law who is not so
shown to be guilty of the charge
against him should be acquitted. The
law does not seek to punish the inno-
cent: but it does seek TO punish the
guilty, and it is for you to determine
under the law as I have given it to you
in these instructions. whether this de-
PENDANT is guilty ar not guilty Of this
charge: and you should do that accord
Ing to the evidence. You owe that du-
ty both to society and to the defend