Daily independent. [volume] (Elko, Nev.) 188?-1915, 1911-12-20

in the more weighty affairs of life.
If the minis of the jurors, after
the entire comparison and con-
sideration Of all the evidence are
in such a condition that they can
say they feel an abiding conviction
of the truth of the charge, there
is not reasonable doubt. Doubt
to be reasonable must be actual
and substantial, not mere posi-
bility or speculation.
One of the necessary elements of
gam bling is game, contest or
event upon which a bet or wager
may be made; and bet or wager
OF money. property, checks, or
some representive of value is
necessary element of gambling.
1t is not necessary, however, that
the State should prove that the
game which the defendants are
charged with dealing, carrying on,
or conducting. was completed.
And it is immatterial in what, if
any, capacity. the game was
carried on or conducted. There
fore, il, after a careful comparison
and consideration of all the evi-
dence in this case, you shall be
convinced. beyond q reasonable
doubt that the defendants, at the
time and place charged in the
indictment either dealt, carried
on, or conducted in any capacity
whatever, whether as dealer.
lookouts, or in any other capacity,
a game of faro, either for money
or for chips redeemable in money,
and that said game of faro, so
dealt. carried on, or conducted was
then and there played at by on e
All Jim for chips redeemable in
money, it will be your duty to
render verdict OF guilty against
the defendants.
Before you can rightfrlly render
verdict Of guilty against the
defendants in this case you must
be convinced. beyond a reasonable
doubt, from the evidence, ID That
at the time and place alleged in
the indictment they either dealt,
carried on, or conducted a faro
game; (2) That they then and
there so dealt, carried on, or con-
Quoted said faro gam either for
money. or for chips redeemable in
money; and (3J That said faro
game, so dealt. carried on. or
conducted ny them. was then and
there played at by one All Jim for
chips redeemable in money. And
it will be your duty to acquit the
defendants unless you believe,
from the evidnce, and beyond a
reasona bic doubt, that at the time
and place chaged in The Indictment,
the alleged game of faro was dealt,
carried on. or conducted by them
as gambling game; that it was
played for money, or for chips
redeemable in money; that the de-
PENDANTS risked their money, or
the money of one of them, or
money under their control, or
under the control Of one of them,
in order to gain or win the money
Of another then and there PLAYING
a said game against the defendants.
The word money" wherever it
occurs in the Indictment in this
case, does not inclued in its mean
ing bank notes; it is applicable
only to coined metals, such rs
gold, silver, nickel and copper.
The Court instructs the jury
that circumstantial evidence, If
believed, is to be egarded by the
jury In all cases. When IL is
strong and satisfactory, the jury
should consider it, neither enlarg-
ing or belittling it's force. II
should have its just and fair
weight with the jury; and II,
when it is all taken as a whole
and fairly and candidly weighed,
it convinces the guarded judgment,