Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1922-04-26
JUDGE TAYLOR'S
INSTRUCTIONS
Continued from first page)

weight with you; and if when il j
all taken as a whole, and fairly an,
candidly weighed, it convinces tn,
guarded Judgment you should con
vict, and on such conviction you ar
not to fancy situations or circum
stances which do not appear in tn,
evidence, but you are to make thos
just and reasonable differences from
circumstances proven, which tht
guarded judgment of a reaSonabl,
man would ordinarily make undo,
like circumstances.
Par. 20. A reasonable doubt is
as the words import, a doubt Of
guilt which is founded in reason
1t must be a real, substantial doubt
and not one that is merely fancifuI
or imaginary. IL must not be sought
after, nor should the evidence be
strained TO create or induce il, for
when it is such a doubt as the law
recognizes, it must arise fairly and
naturally in the mind, upon a full
consideration of all the facts and
circumstances shown in evidence in
the case.
Par. q. You are instructed that
LllS hCltllAllItL III tuilN NSiNC II llOL IC~
quired to show by the evidence who
shot Irene Van Brocklin.
Par. %. A witness may be i'm
peached by showing that the reputa-
ton of such witness for truth and
veracity in the community in which
he lives is bad; or that his general NOR
al character is bad, or that such witness
has made statements out Of court or
upon some other hearing, upon a
matter relevant to the issues, con-
trary to what he has testified in this
trial.
Par 90. If you believe from the
evidence that any witness has been
successfully impeached you should
consider such fact in determining the
weight to be given the testimony of
connection with the explanations if
any, showing the circumstances I'M
der which the contradictory state
mentS were made, such weight as
you believe it entitled to under all
the circumstances of the case as
disclosed by the evidence.
Par. "a. If you believe from the
evidence before you that any witness
has been successfully impeached by
a showing that his reputation for
truth and veracity i'm the community
in which he lives is bad, or that his
general moral character is bad, or
if you believe from the evidence
before you that any witness has
knowingly and Intentionally testified
falsely to any matters, you may dis
Ranppl the +arNff,,n,,r. nF
unless the same is corroborated by
other creditable evidence.
Par. 25. You are instructed that
when the evidence fails to show any
motive to commit the crime charged
on the part of the defendant, this is
a circumstance in favor of his in
nOcence; and in this case, if you find
upon a careful examination of all the
evidence that it fails to show any
motive on the part of the defendant
to commit this crime charged against
him, then this is a circumstance
which you ought to consider in con-
nectiOn with all the evidence in the
case in making up your verdict. You
are also instructed that while it is
true that crimes are often committed
without any apparent motive, and
while proof of motive is never es-
sential to conviction where a crime
has been proven, stu the absence
of motive, or of all apparent in
ducement to commit the crime, is a |
strong circumstance in favor of the
accused.
Par. 26. The fact that the de-
PENDANT is charged in this case with
the commission of the highest crime
known to the law does not in any
way tend to show that his character
is not good.
Par. q. Mere proof of opportunity
alone does not tend to establish that
defendant committed the crime
charged in the indictment or to con-
meet defendant with the commission
of the offense.
Par. Is. You are instructed that
the fact that the defendant has not
been called as a witness to testify |
In this case cannot be considered by
you for any purpose, and you are
instructed that you will not, in your
deliberations, consider the fact of
his not so testifying for any pur-
pose in arriving at your verdict.
Par. %. Testimony has been of
fered by the state as to verbal state
ments and admissions made by the de-
PENDANT. Owing to the fact that that
KIND of evidence lis subject to i'm
perfectious and mistakes, you are in
structed that such verbal statements
and admissions should be received bv
you with great caution.
Par 30. You are the sole Judges
of the weight Of the evidence. You
saw the different witnp,-e, upon the
stand before you and had full op-
pOrtunity for ob crying their acton
and demeamor while testifying. You
witnessed the strength or weakness
of memory, their opportunities for
knowing matters testified to, their
interest or lack OF interest i'm the
result of this litigation. their candor
or lack Of Candor while testifving.
and in the light Of all these facts
and circumstances you will carefully
weigh the testimony of each witness
and give it the full weight to which
you consider it justly entitled.
Par. 81. In criminal cases. full and
satisfactory proof is required; mere
weight of evidence is not sufficient,
unless it excludes all reasonable
doubts as to the guilt Of the defend
ant. The proof Of guilt must be
inconsistent with any other rational
supposition; the doubt must be real.
and not captious; it must not be a
r