The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1915-11-24
RUpE DELIVERS
Icontinued From Page one.l

the consideration of given case the
little intelligence It has, and It imposes
the duty upon the court to instruct the
jury in matters of law, procedure and
the application Of legal principles. mat
tiers which the court is often found as
incapable of understanding and ap-
preciating as the jury.
But the law in its application to the
administration of so-called justice. up
on the principle of general average.
regards the court as PROBABLY bet
ter able to understand the law than
the jury, and therefore requires the
jury to take the court jargon OF con-
fused and confusing statements as
their guide In the consideration OF the
case, and this whether the same may
be In accord with sense and reason
or not. These instructions will. there
fore. be given you gentlemen by the
court because the law requires 1t, but
the court is persuaded that they will
In no way embarrass you. for the rea-
son that from the earliest time in the
administration of justice through the
courts like instructions have been
given to juries without their having
any influence whatever in the jury's
deliberation of the determination of
the cause
Let Each One Guess.
You gentlemen are charged with the
duty of determining what facts are
proven by the evidence. You should
do this If you can. If you find you
can not do 1t with reasonable certain
ty then you will. as the court knows,
resort to the common practice of
guessing it off. II this custom is re-
sorted to. be careful to let every men,
Der of the jury have his guess. and
whoever seems to have the best guess,
bring the other members of the jury to
1t, adopting whatever means found nee
essary to that end. You should not
adopt the method often used in the
jury room of determining the result by
the flip of a coin. While this method
is no doubt better in most respects
than trying to follow the law, which no
juror understands. it is not permitted
because the interested parties are not
allowed to be present.
There is no presumption that men
will tell the truth. While 1t is a recog-
nized fact that most men SOMETIMES
tell the truth, it Is equally true that
most men at times and under provoca-
ton lie.
If you have the least suspicion that
witness has lied before you, whether
from his actions on the stand, your
knowledge of him personally. or any
cause you may know or imagine. you
will exclude his testimony entirely.
Use Preconceived Ideas.
You have the right, and no doubt
will give your main consideration and
approval to the testimony which seems
best to accord with your own pre-
conceived ideas of what the verdict
should be, and that which will best
satisfy the demands of public senti-
ment, for at last 1t is the public SEN
timent which Is looked to by the jury.
The defendants are presumed to
be guilty as charged until the con-
trary is shown by them beyond a rea-
sonable doubt.
In all courts where a supposed SOL
vent defendant is charged, for tine
better security of the court and its
officers as to collection of penalties
and costs, the presumption Of guilt of
the party charged prevails: then the
further consideration is, that by the
experience of mankind a charge would
not be made unless the party charged
was probably guilty.
II the evidence should show that
the defendants are members of re.
spectacle families. the court charges
you that this will make no difference
We know, as men and citizens. that all
our best families, so-called, have one
or more black or dark brown sheep.
Something has beenssaid before you
Of the unsoundness Of mind Of the
defendants, and so-called expert testi-
mony has been introduced before you
on that subject.
The court cautions you to examine
this question with all the care you can
command. We know that according
to modern scientific teaching, the
great majority of men are either asses,
fools or mental defects.
Testimony 10 Untrustworthy.
You have heard so-called expert tes-
timony. This is the most untrust.
worthy Of any ever heard in our
courts.
Because a man may say he is a
doctor, or may think himself an ex-
pert and be willing to say so, indicates
nothing.
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