The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-09-12
,rate instructions to the jury.

mary ones as TO what is murder, the
degrees, of murder, the presumption
of innocence, the weight to be given,
pro and con, to circumsrntial evidence,
Land the necessity for the conclusive
establishment of its case by the State,
the court submits a dozen paragraphs
dealing with reasonable doubt" all
Of which are condensed into the 21st
and concluding and most defniti7e il
.struction, as follows:
Must 80 Unanimous.
Upon the tria: OF the criminal case
by a jury, the law contemplates the
concurrence Of y minds in the con-
cIusion Of guilt before a conviction
can be had. Each Individual juror
must be satisfied beyond reasonable
doubt Of the defendants guilt before
he can, under his cath, consent to a
verdict of guilty. Each juror should
feel the responsibility resting upon
him as a member of the jury ana
should realize that his own mind must
be convinced beyond a reasonable
doubt of the defendants guilt before
he can consent to a verdict OF guilty.
Therefore, if any individual member
of the jury, after having duly conslo-
cred all the evidence in the case, ana
after consultation with his fellow 1ur-
ors, should entertain. such reasonable
doubt of defendants guilt as is set
fortn in the other instructions in this
ease. it is his duty not to surrender
his own convictions simply because
the balance of the jury entertain dlf-
ferent convictions"
The prisoner listened intently to the
reading of the instructions and smiled
when they had been concluded.
J. M. Gregory, who opened the ar
s1lment Of the prosecution, laid par
ticular stress on the awfulness OF the
crime the admissions of the accused
himself on the witness stand as to MS
relations with Beulah Binford and his
Continuance of them after his ma
riage. The prosecutor appealed To
the moral and religious senses OF tnc
iurymen and bespoke in bitter terms
the aversion of society and the nation
to the life of dissipation depicted by
voune Beattie, his chum. Sampson.
and numerous other witnesses.
Denounces Beattie.
: Quoting from the scriptures and
pointing out wherein the character OF
Beattie had been most revolving in It's
departure from the accepted standards
of morality, Mr.. Gregory reviewed the
loathsome details of the double lie
led by the accused, and held fortn
Reu1ah Binford as the motive for the
crime. He concluded with the ques-
tion of how the gun bought by Paul
Beattie one day last July for his cous-
in happened to be the Identical Weap-
on, BY the prisoners own admission
shat was used in killing Mrs. Beattle.
His speech occupied barely an nour
snd half, but the one that followed
Dy Mr.. Carter of the defense was
many times as long.
Mr.. Carter referred often to the dl-
rectness of the, instructions to tine
-iurv and at the conclusion of every
9Soint cited one instance or anotneT
as dealing with the dangers OF cir
ecumstantial evidence or the construc-
tion to be placed On the testimony o.
witnesses harboring prejudice or bias
toward the accused.
Calls COLLAPSE Childish.
Most vigorous was his invectlVe
against the testimony Of Paul Bealtle
He characterized as chlldlsh the COZ
lapse of Paul at the coroner's inquest
and attempted to show that even the
boys grandfathen had testified as tc
his poor reputation for truth and yer.
acity. Many were the Hypothetical
Questions he peropounded to assert the
:improbability Of the murder by the
young husband.
why" he asked, "should this young
man, if we are to believe Pauls story
have some one else buy a shotgun
and go about the attack on his wife
in this laundering, senseless fashion
Why could he not have employed 4
pictol, practically an invisible weapon
and one to which ne had easy access
And does he lock to you like the cold
blooded brute that committed this
-crime?"