The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1920-11-25

address to the jury, Judge Beiden said:
Instructions to Jury.
Gentlemen of the Jury:
You have a most important duty to
discharge in determining the issues
submitted to you in this trial, a duty
the discharge of which demands and
must receive your utmost care and con-
sideration and the conscientious ap-
plication of your understanding and
best judgment. Neither sympathy nor
prejudice should enter into your de-
liberations nor any consideration as to
how your verdict will be received by
others. You must give this matter the
consideration you would give to the
most important affairs of life, so that
your conclusion will serve neither as a
means of evading the law and justice,
on the one hand, nor the doing of an
injustice on the other. The case is
one of grave Importance, both to the
state and to the defendant; to the
state because it is charged with the
duty of prosecuting and Furnishing
those who offend the law; TO the de-
PENDANT because it involves his per-
sonal liberty.
We must be mindful that the purpose
and the end of the administration of
the criminal law is as much to protect
and discharge the innocent accused as
to punish the guilty. Courts and jur-
les must deal with evidence and facts
only, considered in the light of the
rules of law applicable thereto, and
not with bias, prejudice, sympathy or
conjecture. Each case must be decided
upon the credible evidence produced on
the trial, uninfuenced by any consid-
GRAFTON not legitimately arising from
the evidence, or want Of evidence. With
the penalty or punishment, If the de-
PENDANT is convicted, you are not con-
cerned. That responsibility, if called
into exercise at all, rests with the
court under established rules of law.
1t is your duty to consider and weigh
all the facts and circumstances in evil
dence before you and to pronounce
your verdict conscientiously, fearlessly,
under the sanctity of your oaths as
jurors, accordingly as your judgm ent
is convinced by the evidence or want
of evidence, considered under the in
structiops given to you by the court.
Charge Does Not Imply Guilt.
The mere fact that this defendant is
charged with the commission of a
crime raises no presumption whatever
against him. The law does not require
of the defendant that he prove himself
innocent The law protects him in that
respect by presuming him to be limo
cent unless and until he is proved by
credible evidence in the case, beyond
reasonable doubt, to be guilty. The de-
PENDANT started in this trial with this
presumption of innocense in his favor
and this presumption attends him
throughout the trial and should pre-
vail at it's end unless met and over
come by credible evidence which estab-
fishes his guilt of one of the degrees
of homicide submitted for your con-
sideration, to the satisfaction of the
jury beyond reasonable doubt.
The burden of proof, or the duty of
satisfying the jury by credible evidence
beyond reasonable doubt of the de-
PENDANTS guilt, is upon the state
throughout the trial.
Proof of Motive Not Essential.
Proof of motive to commit crime is
not indispensable or essential to con-
viction, and the state is not required
to prove motive on the part of the de-
PENDANT in order to convict him, if you
are satisfied by credible evidence be-
yond reasonable doubt of his guilt
Evidence Of confessions made by the
defendant that he killed Pacini has
been received in the case. The mere
fact that confession was made with
out the accused having been cautioned
or warned that it might be used
against him, if you find such to be the
fact in this case, does not render it
unworthy of credit, if otherwise credi-
BILE. The mere fact that a confession
was made or elected in an examination
by police or others in authority, while
the accused was in custody or confne-
ment, does not render it unworthy of
credit, if otherwise credible, or stamp
it as involuntary or as given under
duress.
May Reject Confession.
If you believe that any confession in
evidence was obtained by abuse, force,
threats or coercion, or while, accord
ing to the evidence, the defendant was
under the influence of fear of physical
punishment by those having him in
custody, then you may, if. you believe
it false and unworthy of credit, reject
any confession so obtained. The bur-
den of proof that confessions were vol
untary and not obtained by improper
means is upon the state.
You are instructed that if you are
satisfied that the original confession
was made in consequence of abuse,
threats or coercion or while the de-
PENDANT was under the influence Of
fear, then it is a presumption of law
that such improper influence continued
and operated upon subsequent confess
stems unless it affrmatively appears
that such eoercive influence or fear
had ceased to operate upon the infiu-
ence the defendant in making his sub
sequent confessions. If you are salts
fed that the original confession was
| improperly obtained or made under the
influence of coercion or fear then the
burden is upon the state to satisfy you
| that euch in1nronar inf1upncnc oT fnor