El Paso herald. (El Paso, Tex.) 1901-1931, 1914-01-29

ing OF ~, N5itcbeIl Major. or OF atfeT1pt
ne to poison Isabel Major or OF the embez-
elements attempted % O are pi ~ by the /
cote still these cases are Aol on trial, I
- INV of them, except Tor the purpose as /
heretofore indicated, ana II Sollsluerlng these J.
-seas for the purpose nSI eto1ore indi- !
case55 +1.s court YOU still believe there is [
q reasonable doubt as 70 me SUIT Of the
Jefeudant of poisoning sal9 n Eudora Ma
- ,,o11 will find the Defendant not guilty.
loI' - ", ,re instructed, that even if Won
4,a1ieoe from the evidence, beyond reason
able doubt, that the ueLeHue 80. ~ harvey
S1a'for is guilty of having administered poi
N1aJO.' - ~ Christine Major, which said
&ojso,, caused her death, ana thar he adj
nm ~ - ,I,rDose ana with fthe intent of
.Sf.,ti1er his death, ana LhaL ne admins
tered poison to Mrs. Isabel MAJOR, with the
$4,000 intent Of causing her death, or
49, - administered poison TO either Of
tber, for the felOnious intent anu purpose
of causing death, YET II - IoI suIIlclent
Cor Won to convict the DEFENDANT OF felo-
1ia,,Sly administering poison to Fl. Eudora
RIs5or unless YOU believe that he feloniOusy
aof nremeditatedly, with design to effect
- R4e+b of Eudora Major, administered
arsenic for the purpose OF erecting her
Death as charged in the Indictment, ana IL
- -,sr,ts7.tain a reasonable doubt as TO
S,betber he did or not, you will find the
defendant not guilty.
CtreuU,stantiaI Evidence Defined.
.1r Won are instructed that circumstan-
tial evidence is legal evidence ana compe-
tent evidence in criminal cases and if it is
Of such a character as to exclude every
reasonable hypothesis other than that OF the
guilt Of the defendant II Is, then suIIlclent
i TO authorize q conviction
40 The court has permitted certain wit
nesses to testify as experts and to give
their opinions upon certain hypothetical
Questions hypothetical question is
question which assumes certain condition
OF things to be true and calls upon the wit
ness to assume all the material IacIS stated
to be true and then express his opinion as
to a certain fact or condition The witness
ia whom the hypothetical question is pro-
q he
his opinion upon the assumed state Of facts
and it is your province and duty to deter
mine whether the facts assumed in the
hypothetical questions to be true are true.
Opinions of Experts Not Conclusive.
f'13. You are further Instructed, mat the
opinions Of expert witnesses are not con
elusive OF binding upon the jury and it is
your province to accept them or reject them,
and in arriving at your verdict you should
consider them in connection iR.ih an me
other evidence in the case ana then give
them such weight as you deem them entitled
90 You are INSTRUCTED that it is your
duty to decide this case urinfluenced by
sentiment, feeling, passion, prejudice or any
consideration other than the eYidepce intro
duced before you and the law as given you
by the court and you should base your YER
dict upon the law and the evidence and
nothing else.
Innocence is presumed.
e15 You are instructed that the law
! raises no presumtion against the defendant.
| On the contrary, the defendant is presumed
] to be innocent and LnaL preSuTn pLIOn remains
| with him throughout the trial Of the cause
/ until his guilt is established BY the evl-
dence beyond reasonable doubt Of the
! offence charged against him, and 1t de-
I wolves upon the state TO establish beyond q
/ reasonable doubt the guilt OF the defendant
l before YOU are warranted in depriving the
/ defendant of the benefit Of that presump-
! ton.
10. Every material allegation Of the in
/ dictment must be established by the evil
dence to the exclusion Of a reasonable doubt
1 10 warrant a conviction, and it is incum-
! bent upon the state TO establish every ma
+ terial allegation Of the indictment beyond
! a reasonable doubt before you would be
] warranted in finding the defendant guilty;
I but in determining as to the guilt or inno-
/ cence of the defendant you have right to
/ take into consideration and weigh all the
( evidence in the case, whether given by Wit
nesses for the state or witnesses for the
/ defendant.
"a Reasonable Doubt"
s1z A reasonable doubt is such doubt
would cause a reasonable and prudent
man in the graver and more important az
/ fairs Of life to pause and hesitate upon the
truth Of the matter charged But reason
/ able doubt is not mere posslplllty OF lhno-
/ cence, nor caprice snauoW or speCulaLOu
as to Innocence not arising out OF the eYi-
/ dence or the want of it. The jury should
1 dispassionately weigh and consider the teS-
timony and bring to bear upon it the eXer-
A., else Of common sense and judgment as
7 reasonable men. and if. after considering all
| the evidence you can say that you have an
abiding conviction of the truth OF the
| charge, then you are satisfied beyond a
{
as A reasonable doubt, as defined in
/ these Instructions. to justify an acquittal,
must be a reasonable one, arising from a
candid and impartial Investigation Of ali
the evidence in the case, or such doubt of
/ defendants guilt as may exist in your minds
| because of a want OF sufficient evidence 70
convince you OF the defendants guilt. A
/ doubt produced by an undue senslbllty IN
J the mind of any juror, in view Of the con-
! sequences of his verdict, is not a reasonable
! doubt and the juror is not allowed to create
| sources Of materials Of doubt by resOrung TO
] trivial or fanciful suppOsitiOns and remote
/ conjectures as to a possible state OF Facts
differing from those established by the evil
/ you are not at liberty to disbelieve as
Jurors If from all the evidence you believe
( as men Your oath imposes on you no obli-
/ cation to doubt where no doubt would exist
/ if no oath had been administered II after
q careful and impartial examination ana con-
/ sideration Of all the evidence in the case
you can say that you feel an abiding con-
victiou in the guilt of the defendant, and
,,o11 arc satisfied to a moral certainty Of the
truth Of the charge made against him, then
! you are satisfied beyond q reasonable doubt
Sole Judges Of CrediBiIity.
10 You are instructed that you are the
| sole Judges Of the credibility Of the witnesses
who have testified before you and the sole
! Judges of the weight to be given to the tes-
/ timOny Of each and all OF them In de-
termining the credibility Of the witnesses
testifying before you, you snouId take
I into consideration their interest IN the re-
suit Of the case, If any IS proven Lnelf mo-
tive for testifying as they have, If any IS
shown their conduct and demeanor while
testifying their apparent fairness or bias,
any such appears; the reasonableness or I'M
[ reasora bleness of the stories told by them
their means Of knowledge concerning tbs
matters and things about which they have
testified and all the evidence and circum-
] stances tending TO cOrrOborate or contra
dict any witness and then give to the testi-
monv of each witness such weight and credit
as to you it shall seem entitled to receive.
Defendant a Competent Witness
| "2O You are instructed that the defend
| ant is a competent witness in his own be-
! haif and when he offered himself as a wit
] ness in this case he became as any Other
! witness and his credibiiiity is TO be tested
/ nv and subject to the same tests as art
/ a0o3ied to any other witness In determining
/ ne degree Of credibiiity that should bt
] given to the testimony of the defendant, the
/ iurv has right to take into consideration
J fbe. fact that he is interested in the result
! of the prosecution, as well as his demeano
( and conduct on the witness stand, and yOl
! NAV take into consideration all the fact
! and circumstances proved in the case tend
| ing to corrOborate or contradict the testi
| nony given by the defendant.
Must Determine Truth of Evidence.
| "21 You are instructed that it is for Vol
| to determine what part Of the evidence in
| troduced before, you is true, and what par
/ of it, if any is false. In case you find
I conflict in the evidence to such an eXten
| that YOU cannot believe it all, you SHOULD
, believe such evidence as you are satisfie
is true and reject such as you believe to b