Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1918-03-21

indicted and placed on trial is not to be
taken against him.
II you can reconcile the evidence in the
case upon any reasonable basis consistent
with the defendants innocence. you should
do 30.
AS to the presumption of innocence and
reasonable doubt. The law presumes the
defendant innocent until he is proven
guilty beyond a reasonable doubt. This
presumption is evidence to be weighed
and considered in his behalf throughout
the trial until you reach your verdict.
You cannot find the defendant guilty
unless from all the evidence you believe
him guilty beyond a reasonable doubt.
A reasonable doubt does not mean a fam
cied doubt. but 1t means q doubt based
on reason and which Is reasonable in
view Of all the evidence. II, after an i'm
partial consideration Of all the evidence,
you can candidly say that you are not
satisfied Of the defendants guilt, you
have reasonable doubt. and you should
find him not guilty; but II, after such i'm
partial consideration of all the evidence,
you can candidly say that you have an
abiding conviction Of the defendants
guilt. such as you would be willing to act
upon in important matters Of your own.
you have no reasonable doubt and you
should find him guilty
As to the credibility Of witnesses and
the weight to be given to their testi-
mony. The credibility Of the witnesses
and the weight to be given to their testi-
mony are questions entirely for your
determination. The law ts that you are
not bound to give the same weight to the
testimony Of each witness, but you should
give their testimony such weight as you
think 1t is fairly entitled to receive. after
considering their appearance on the stand !;
their candor or lack Of candor; their feel
| ings or bias, II any; their interest in the
| result Of the trial. IL any; their means Of
| information; and the reasonableness Of
the testimony which they give.
As to the defendants testimony. The
defendant has testified in his own behalf.
and In considering and weighing his tes-
timony. the law Is that you should take
into consideration hik interest in the re-
suit Of the trial and all the circumstances
surrounding him. and give his testimony
Just such weight as in your judgment It
| is fairly entitled to receive-no more or
| no less-but Just what 1t weighs out.
Judge Howe then reviewed at length
the testimony, showing what the gov
| eminent evidence tended to show; review
ing the contents of the much discussed
| pamphlet "The Word Of the Cross" and
continued:
| Other things being equal. the testimony
of a witness who testifies positively that
| certain statements were made is entitled
to more weight than the testimony of
a witness who testifies that the state
ments were not made, for 1t Is more
probable that the latter did not hear or
has forgotten the statements than that
they should be impressed on the mind
OF the former II they never were In fact
made.
The court takes judicial notice Of the
fact that the United States has been al
war with the Imperial German govern
| ment since the 9Th day OF April, 1917
and you will proceed upon the theory
that that fact Is established accord.
ingly.
The Constitution OF the United States
provides that Congress shall make nc
law respecting an establishment Of re-
ligion or prohibiting the free exercise
thereof or abridging the freedom OF
speech. but this does not mean that q
person may say whatever he pleasei
without limitation.
The statute which the defendant IL
charged with violating was passed by
Congress on the 18th day Of June. 1917
Therefore he cannot be convicted fol
anything he may have said prior to that
time.
As to the offense charged in the indict.
ment This 10 an indictment in three
counts charging the defendant with VIC
lating a statute of the United States
passed by Congress on the 18th day o.
June 1917. which provides. among otheI
things, that It shall be unlawful for 9
lperson. whom the Unitsd States u at war