The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-10-30

hoping thereby 90 gain favor or escape
punishment: but for that reason II will
not be rejected u is Voluntarily
drawn out by some artince. promise or
threat which induces the hope OF bene-
NJ. OF acts upon the fears OF the ac-
the law prseiudss their being used as
the burden Of proof l. upon the people
fss:io S as a relied d' upon BY the p p. s
were made voluntarily
II H. the. duty OF the court 20 deter
mine. In the nrst place. whether such
made as 10 be admitted at all In evil
dence. This evidence the court has
received for. your consideration--your
fact; but this court did not and does
not determine them TO be voluntary,
but whether they were voluntary or
you you alone Without rs s H to their
a The ered ~ s ssS s weight to BE given
70 confessions depend very wSeh upon
Itself as charged Is proved by other
testimony. and II r. proved that the
defendant was 80 situated that he had
and lis confession is consistent with
such proof and corroborative of At and
the witnesses who swear to the con-
and in,s n tSsn sonfs:.i nSnss
made IL entitled TO weights >. .
There 10 no half way question in.this
sna sss S ns r TIVE us
fisd ths. he did not: that be nsvsr
knowinsly received z cent frcmths
that the money found upon his person
in room 4os Was placed there without
his knowledge or consent. surrepti-
fe T claim Ia true. lit 1t would be
your duty. to acQuit him There II no
place In this case TO- talk q tempta-
sommission Tor the crime charged, IL
ina, sum 81 money for f Rlss' v6ts. kss'sjs
The DEFENDANT claim. that he ala not
know that he had the money tn-ques-
ton upon his person, and that while
thought II was tissue paper, and that
to ind the currency in his pocket.
when he was ordered by William II.
Burns. chief, OF the Burns Detective
az t. f1k ts the , t1 Of r Ss
outrage and crime was perpetrated up
on and against the defendant, and you
should acquit the defendant n you be-
tai question. and the heart OF this
case. II the peoples contention IL right
your verdict should be guilty. n the
defendants testimony II true he should
The defendant has testified in his
own behalf. and you should give his
testimony such weight as you believe
II TO be entitled to. bearing In mind
that he In the defendant In the case.
and In charged with a serious offense,
and IL under inducement to tell that
story which will rebound to his inter-
The testimony OF his witnesses, his
wife and. daughter you will also con-
slider and give the same such weight
as In your Judgment you believe IL IL
The defendant has introduced to you
O number OF witnesses known as char
acter witnesses, from which II is pretty
thoroughly established that prior to
the charge in this case defendant had
establfshed q reputation that was
ord In my Judgment that this has been
one fact that is not successfully dis
puted In this case. nor has II been at
Under the statutes the defendant II
presumed to be innocent That. pre-
sumption OF innocence abides with the
defendant until his guilt is clearly
| q reasonable doubt. II. after a full,
fair and dispassionats consideration
OF all the evidence sumitted In this
| case. you entertain O reasonable doubi
| OF the defendants guilt as charged
upon any material fact or elemen,
| necessary to constitute the Grim.
| charged. II will be your duty ..unds,
| defendant the benefit Of such reason.
able doubt and acQuit him.
| Here Judge Phelan defined the tern
reasonable doubt"