The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12
and circumstances disclosed by the
evidence tending to corroborate or
contradict such witnesses II any such

and circumstances disclosed by the
evidence tending to corroborate or
contradict such witnesses II any such
are proved.
You have no right to return a YER
dict In this case based upon your own
notions of right and justice regardless
OF the law and the evidence.
Forms Of Verdict.
You will be furnished with five
forms of verdict, as follows: One
finding the defendant guilty OF MUIR
der In the first degree and fixing the
penalty of death: another finding him
guilty of murder in the first degree
and fixing the penalty of imprisonment
IN the penitentiary during life: anoth-
or finding him guilty of murder in
the second degree and fixing the PEN
atty. imprisonment in the penitentiary
for q blank period, in which blank
may be inserted the number Of years
or such imprisonment, which may not
ne less than ten and not exceeding
thirty: another finding him guilty Of
manslaughter in the first degree and
liking the penalty Imprisonment in the
penitentiary for q blank period. in
Der Of years of imprisonment, which
may not be less than five and not ex-
Feeding fifteen; another finding him
not guilty. From these o will Sc
lect the one you desire to use; It will
be signed by your foreman and you
will return the same into court.
Gentlemen of the Jury: Courts are
organized to administer Justice and in
the trial OF criminal actions the jury
is the right arm of the court. If
judge or juror in a criminal action in
te%ntionally or carelessly fails to per-
form his duty justice is not admins
tered and the one at fault justly merits
h condemnation OF. every right think
ing man and woman.
Your duty is a grave and solemn
one. Your obligation to the state is as
great to see that its interests in the
case are protected by our verdict as
is your obligation to the defendant to
see that his interests are protected to
your verdict. You are not sitting as
jurors in this cas- to. echo by your
verdict the clamor of popular preju-
dice against the defendant If it exists,
nor to reflect by you verdict the petit
tons Of defendants sympathizing
friends If made. If you entertain a
reasonable doubt of defendants guilt
it is YOU imperative duty to give MIN
the benefit of that doubt; it is equally
your duty to find the defendant guilty
If satisfied Of his guilt beyond a rea-
sonable doubt.
h duty Of counsel and the court
has now been performed. The coun-
sci engaged in this case have been
untiring in their efforts to bring be-
fore you all possible evidence that may
aid you in arriving at the truth. They
have ably assisted you in applying the
evidence to the facts in contention.
The court has endeavored to rightly
advise you in the law, and now there
confronts Vol the final and important
duty Of p~ronouncing upon the guilt
Of innocence of the defendant. sub
NIT this case to you with the conn.,
charge the grave duty resting upon
YOU without. upon the one hand. being
moved by any undue demand for con-
viction on the part of the counsel for
the state, or being swayed from its
right performance by any undue ap-
peal to your sympathies. You will
bear in mind hat neither the life nor
the liberty of the accused may be
trified away. and neither taken by