Semi-weekly herald., 1908-05-04

: life of the said Walker.
!. 2S. The court instructs you tha
In considering alleged admissions O,
statements of defendants shown b,
the evidence, you must consider tn.
entire admissions. The defendants
are entitled to the benefit OF what
they said for themselves. II true, nj
the people are to anything they said
against themselves In any conversa
ton proved by the evidence. What
they said against themselves In any
conversation. the law presumea ia
be true, because against themselves
but what they said for themselves you
are not bound to believe. because said
in a conversation proved by the po.
pie. You may believe or disbeiieve,
as 1t is shown to be true or false by
all OF the evidence In the case.
90. Verbal admissions or state.
ments consisting or mere repetitiona
of oral statements made long time
before are subject to imperfectiou
and mistake, because tbs persons
making them may not have expressed
! thcir own meaning. or the witness
may have misunderstood them. or by
| not giving the exact language may
have changed the meaning OF whot
was actually said; such evidence
should. therefore. be received BY you
with caution
30. The court instructs you that
the opinions OF expert witnesses are
le be considered by you In connec-
Ion with all the other evidence In the
| case. You are not to act upon such
opinions to the exclusion OF other tes-
timony. In determining the weight of
such testimony you are to apply the
same general rules that are npplica-
BILE to the testimony of other Witness
es together with all the other evi-
dence, you are to determine for your.
selves, from all tho evidence what are
the real facts.
81. You are instructed that the de-
tendants are competent witnesses In
their own behalf, and you must con.
slider their testimony In arriving at
Your verdict. but in determining
what weight and crcdibiiity you will
give to their testimony In making up
your verdict you may take into con-
sidcration their interest In the re.
suit of the case and that they arc the
accused parties on trial testifying In
their own behalf
32. You are the sole judges of the
credibility of the witnesses and of the
weight to be given to the testimony
OF each and all of them. but you are
not bound to believe what witness
iestifes TO simply because he no tes-
tified. provided that all the other evil.
dence and circumstances of the case
warrant or Justify you In disbelieving
his testimony; and II you believe from
all the evidence that any witness has
testiiied knowingly and wilfully false
ly 10 any material fact In the case,
you are at liberty to disregard the
whole testimony OF such witness or
Witnesses. but you may give such
weight 10 the evidence of such wit
ness on other parts of his testimony
as you think II is entitled to receive.
And I'm passing upon the credibility
OF all the Witnesses. you have q right
TO take into consideration their ap-
pearance upon the witness stand,
their means of knowledge about which
they testify, their relation to the par.
ties and each other. their prejudices.
motives. or feelings OF revenge. II amy
and their interest In the result OF the
case aud the appearance. condition
and surrounding of all the witnesses.
30. The court instructs you that
IL IL your sworn duty to be guided by
the law as given you by the court In
these instructions, and the evidence
as you hear 1t from the witnesses who
testified In the case. and In consider
ing the instructions yor must consider
them as n whole. and where there IL
repetition Of instruction. or part
thereof. 1t Is not intended thereby to
emphasize the fact repeated. and you
are not to SO understand It; and your
verdict. whatever 1t shall he. must
be the result of careful consideration
and comparison OF all the evidence
before you. and an intelligent and
conscientious application OF the facts
to the law of the case az in these in
structions given.
Three Instructions offered by coun-
selfor defendant were given. being to
the effect that the prepondersnce OF
evidence devolved upon the prosecu-
ton. etc.
1t is generally understood that
should Mason and Vanderweide be ac-
quilted they will be Immediately
placed under arrest by United States
Deputy Marshal Tom Clarke. who has
been an attendant at the trial. on a
warrant issued by United States Dis
trict attorney under the Indictment
returned last fall by the federal grand
weide with conspiracy, and the men
win probably be taken to Denver un
less provision is made for United
States Commissioner Pingrey nxins
bail.