The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-31
JURY
FIGHT FOR
VERDICT


mitted, its grade, and leave the question
of penalty to those responsible for its I'M
position"
Justice Bowling 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 he is guilty and that the burden of
proof, as to every material element, rests
upon the prosecution throughout. 1t was
within the power of the jury to accept or
reject the testimony Of any witness. In
whole or in part, and also to determine the
weight or Importance to be given TO the
testimony of any witness.
After explaining at length the considera-
tions which the jurors might take into ac-
count In weighing the testimony of wit
nesses, Justice Bowling referred to the So
called Hummel affidavit. He had told that
If u witness had been convicted OF crime
they might consider that fact In Weighing
his testimony, and also that if they found
that any witness had deliberately testified
falsely they were at liberty to disregard
his testimony entirely.
You will reeoilect that the affidavit of
Evelyn Nesbit was not received in evil
derce as affording proof of either the truth
or falsity Of the statements therein CON-
tanned" said he, "but solely for the pur-
pose of seeking to establish the fact that
the witness had made statements under
oath contradictory of or Inconsistent with
those made by her upon this trial.
IF you find that contradictory or in
consistent statements were actually made
by her or by any other witness, as to
matters actually involved In the main is
sue herein as testified to, you may take
that into consideration in arriving at a
conclusion as to the credibility of such
ufifnaGc y utfnn%cas nht pnfroHfafnrt
or Inconsistent statements as to trivial or
collateral matters are not to be considered
by you as affecting the, credlbillty of a
Witness
The various degrees of homicide were
defined. and the Justice devoted much time
to calculating the legal meaning of the
words "deliberation" and generalization" "
These words, he said, imply the capacity
at the time of the crime to think and re-
feet and by the use of these powers to
refrain from doing q wrongful act. He
said that In the consideration of delibera-
ton and reconciliation the jury might take
into account the acts of the defendant I'M
mediately preceding the shooting, his acts
upon the roof garden and the incidents at
tending the shooting itself.
"A sane man.. a voluntary agent acting
upon motives, must be presumed to con-
template and intend the necessary, natural
and probable consequences OF his own
acts, he continued.
"If, therefore, one voluntarily or will
fully does an act which has a direct
tendency to destroy another's life, the
natural and necessary conclusion IS that
he intended to destroy life. You are not
to be prejudiced by any testimony which
reflects upon the character Of the de-
cedent. In the eye OF the law to murder
the vllest and most abject Of the human
TuQp fc pu prraaf a rrina &c IN 1aaTrdns
its greatest benefaetor.
'"There is no testimony to controvert the
proof that Stanford White came to his
death as the result Of pistol shot wounds
inflicted by the defendant. The defendant,
under a plea OF not guilty, has entered a
specification that at the time Of the occur
renee In question he was insane, and that
therefore under the law he IL not respon-
sible for his acts at the time in question.
Where the defense IL insanity and evil
dence Is given tending to establish the
defense, the general question is presented
whether the crime was committed by a
person responsible for his acts and the
burden Of establishing sanity Is upon the
prosecution, and If upon the whole case
any reasonable doubt remains in your
as 10 the defendants insanity, he is
entitled to the benefits of that doubt and
to be acquitted upon that ground.
THE only question for you to decide
is whether the defendant was or was not
insane on the evening Of june %, 1906,
when the shooting occurred.
But the testimony of family history, OF
rrior life, illness and conditions and of sub
mental and physical state is re-
cetved TO cast light upon the question of
defendants mental condition at the time
in question. The proof Of anteoedent
acts is, like the proof CT hereditary taint,
offered for the purpose Of casting further
at issue, by proving his earlier and re-
or continuous mental state. You
aill weigh the testimony of the experts
hs you do the other testimony on the
case. You are not bound by it unless you
Geem it worthy of your credence.
'"To conclude, If you are satisfied beyond
a reasonable doubt upon the proof that at
time OF the commission Of the act
charged in the Indictment the defendant
knew the nature and quality of the act
he was doing, and that the act was wrong. !
you will find hin guilty OF such degree
of crime as under the law as heretofore
laid down. the evidence has satisfied you
Of his guilt beyond a reasonable doubt.
If, on the contrary, you are satisfied
upon the proof that at the time Of the
commission of the act charged in the IN
the defendant was laboring under
such a defect Of reason as either not to
know the nature and quality Of the actl
be was doing or not TO know the act was
wrong, or IL you entertain n reasonable I
under such a defect of reason as
not TO know the nature and quality of
the act he was doing, or not TO know the
act was wrong. Won will acuuit tho do
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