The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-18

within those dates, had, directly OF
/ indirectly, charge, control or manage
ment, either exclusively or with 9th
ers. OF the second floor of the two
! story building described IN the fourth
count, procured, suffered or permitted
| the persons named in the fourth count
to play therein for money and other
| valuable things at games OF chance,
you will find the defendant guilty as
| charged in the fourth count
| 8 II you believe from the evidence
| that the defendant committed the
acts as alleged in the first four counts,
| or any Of them, whether he commit
ted the acts as a member or officer
/ OF chartered club, or not, either ex-
clusively or with other members OF
officers of the club, or with other per-
sons not members or officers OF a
chartered club, it viii be your duty to
md him guilty as charged III such
count or counts.
6. II you believe from the evi
dence that the defendant from jan
uary list, 1903, and thence continually
until December 18th, 1908, or at any
time within those dates, knowingly
rented to W. P. Bronson, John Brown
Harry Davis and Harry Jenette d
room for the purpose OF gaming, YOU
viii find the defendant guilty as
charged in the fifth count
But you cannot find the defendant
guilty under this fifth count of rent
ing room to the parties named for
the purpose OF gaming, and also guilty
under the second, third or fourth
count if the acts alleged in those
counts were committed at the same
time and within the same room as al
legged in this fifth count.
Z. A room which is kept or main
tanned for the purpose of gaming or
gambling would be gaming or gam
bling room even though such room is
az the same time used for other and
lawful purposes, and the same rule
applies to floor or floors of buildings.
8. Accomplices in a crime are com
petent witnesses against a co-perpe-
traitor of the crime, and their evidence
Should be weighed by the jury, though
uncorroborated, and given such weight
as the Jury believe it entitled to. II
their testimony is coTTOboFated BY
other testimony, it should be entitled
to greater weight than If uncorrob-
GRATED. While the testimony of &C
completes should be received with
caution, especially if uncorToborated.
sui II Should not be rejected il the
Jury believes 1t is entitled to weight.
You are the judges of the credibiIfty
or the statements OF an accomDlice,
and must give them that weight that
you believe they should have on re-
viewing the whole evidence.
3. The matter of the punishment
OF the defendant, il he should be
found guilty, is not a matter for the
consideration Of the Jury, but for the
court alone. Your duty is to pass
upon the question OF whether the de-
fendant Is guilty as charged, or not,
from the evidence submitted to you.
10. The law presumes every man
innocent until he is proven guilty be-
yOnd q reasonable doubt, and the bur
den is on the state to make out its
case in every material allegation be-
yond reasonable doubt BY reason
able doubt is not meant a possibility
or doubt, or a speculative, imaginary
or forced doubt, but it must be doubt
naturally arising from the evidence.
and. as the words themselves imnort
1t must be a reasonable doubt, one
corfo-mabIe to reason.
Il You are the sole judges of the
evidence, the weight of the evidence
and the credibility of the witnesses.
II. If you find the defendant guilty
OF all the counts, the form of your
verdict will be I'VE, the jury. find the
oelendant, VIM. Camp, guilty as
charged. If you 1nd the defendant
guilty OF one or more of the counts.
but not all. the form of your verdict
VIII be, We, the jury, find the de-
fcndant. VIM Camp, guilty as charg
ed in the count = coUuts'' ,
naming the number or numbers as the
case may be. II you find the defend |
ant not guilty of all the counts. then |
the form OF your verdict will be, we !
the jury, find the defendars, Wr. |
Camp, not guilty.