The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12

FRANK
# after a careful scrutiny Of the
evidence any juror has a reasonable
doubt as to the guilt of the defend
ment of his fellow jurors. unless after a
further careful consideration Of the
evidence he can constientfously say
that he has an abiding conviction
amounting to a moral certainty that
the charge made against tho defend
ant Is true.
Each juror mus act on his own judg-
lnent OF the evidence; while he may
be aided by comforting with his fell
low Jurors in reaching the truth. he is
not required to surrender his con-
victions Of the guilt or innocence of
the defendant, Of his reasonable doubt
OF guilt remaining after a considera-
ton Of the evidence and consultation
with his associates. merely to prevent
a disagreement.
Each juror should engage in the
consideration Of the evidence in the
case with open mind, free from bias
and prejudfce; and each juror should
listen respectfully to the arguments of
his fellow jurors. willing to be con-
WINGED II such arguments really ap-
pear to him to be sound. No juror
should refuse to DO convinced merely
because OF obstinacy or pride Of opin-
ion. On the other hand, no juror is
required to sacrifice an honest doubt,
provided such doubt be q reasonable
one.
Character Witnesses
In this case a number Of defendants
neighbors n acquaintances have tes-
titled that on and prior to March II,
1911. defendants character for peace
and quietude had been good. This
evidence regarding his previous good
defendant as tending to show that he
would not be likely to commit the
crime alleged against him. II, how
ever, gentlemen Of the jury, you be-
lieve from the evidence beyond a rea-
sonable doubt that he committed the
crime in question. 1t is your duty to re-
turn a verdict of guilty, even though
AAo SSAOSA4SC A4Sby SdLlSly III yOOJ MINUS
that the defendant Heretofore sus-
tanned a good character as to peace
and quietude.
The jury have a right to infer that
every ane sober man intends. the ma
tural and probable consequences of his
voluntary acts.
Dying Declaration
A document has been received in evil
dence in this case known as a dying
declaration. 1t was not sworn to by
deceased. In prosecutions for homi-
eide the dying statements or declara-
tons OF the person with whose mur-
der the accused stands charged. when
material, and made under the sense
OF impending death are admissible in
evidence. 1t is the theory Of the law
that II such declaration is made when
the party making 1t realizes that he is
at the point of death and when every
hope of the world is gone. every mo-
tive for falsehood Is silenced and that
the mind would be induced by the
most powerful considerations to speak
the truth. The situation, in law, is
considered as creating an obligation
equal to that which is imposed by an
oath administered in a court of JUS
tice. The declaration of Mr.. Ross, the
deceased, admitted in evidence in this
case was admitted under such rule of
az" oS AK VI A0loA@y VI ouSA1
declaration of deceased are matters
for you to weigh in the light Of all the
facts and circumstances disclosed by
the evidence.
I charge you with respect to the
document that has been offered in
evidence as the dying declaration of
the deceased. Frank Ross. that you
are not bound to give it n greater
weight than o would be bound to
piyo tho ca M toStfnn 0rS, - e IoA ha@~
given by him from the witness stand,
but you should give it only such
weight as. under the evidence in the
case. you deem 1t entitled to.
With respect to the weight to be
given to what has been termed the dy-
ing declaration of the deceased, Frank
Ross, l charge you that you should
take into consideration all Of the cir
cumstances surrounding the making
of the same. You may consider the
condition Of Ross at the time the same
was made. whether or not he was in a
condition to and did understand what
was being read to him, and il from the
evidence you believe that he did not
fully understand what was read To
him, as his dying declaration, then you
are entitled to disregard such part or
parts Of such declaration, IL any. that
YOU think he did not fully understand,
and to give to the rest of such declara-
ton only such credence and weight as
YOU ma deem the anlc entitled to un-
der tho circumstances.
You are the sole judges of all ques-
lions Of fact in the case The court
expresses no opinion as to the weight
of the testimony or the c%redihility OF
the witnesses. Those are matters 'ex-
clusively for yon. You must accep,
the law as it is given to you by the
court in these Instructions and apply
that law to the facts as you shall find
them to have been proved.
You have no right arbitrarily and
without cause to reject the testimony
Of any witness. You should give to
all credible evidence in the cas- ite
just and fair weight.
You have no right to go outside the
evidence and look for any theory upon
which to build a verdict one way OF
the other. You have a right to draw
from the facts and circumstances
proven those Just. fair and reasonable
conclusions that an ordinary mar
would draw under like circumstances
II you believe that any witness haf
wilfully testified falsely as to a ma
disregard the testimony of such wit.
ness. except so far as 1t is corroborat-
ed by other credible evidence in the
case. positive or circumstantial.
In determining the weight to be
given to the testimony of the several
witnesses who have been examined DO.
fore you you may take into considera.
ton their interest in the event Of the
suit II any such is proved: their ION.
duct and demeanor while testifying;
their apparent fairness or bias II any
such appear; their appearance upon
the stand: the reasonableness Of the
stories told by them, and all the facts