Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1923-01-24

prevail until you are satisfied, from the
evidence before you. beyond reason
able doubt, that he is guilty. But il
you should become so satisfied OF his
guilt. then this presumption should no
longer remain or prevail IN your minds.
g.
The indictment returned in this case
f, by the grand jury IS not evidence III any
way OF the defendants guilt as to any
lcrime charged or included therein. 1t
I is formal accusation only and must
not lie otherwise treated by you. Your
personal opinions as to the defendants
guilt. not founded upon the evidence in
I troduced before YOU here, should be en-
tirely laid aside and dismissed by you
/ in your consideration OF this case; nor
should YOU convict the defendant on any
mere suspicion OF his guilt nor upon any
I doctrine OF chance or probability. To
warrant the convection OF the defendant
OF any crime charged or included in the
| indictment, the evidence before you must
be sufficient 10 convince you OF defend
ants guilt. beyond a reasonable doubt,
as defined elsewhere in these instruc-
tons.
%.
If YOU ind from the evidence intro
duced upon the trial, beyond a reason
able doubt. under these instructions. that
the defendant, b. F. kneeskern, in Win
neShiek county. Iowa. on or about De-
lcernber ii, 1921. did kill and murder
Irene van Brocklin wilfully, feloniously,
deliberately, premeditatedly and with
malice aforethought. as charged in the
indictment, then you ought to find the
defendant guilty of murder in the first
degree, and in that event you must de
termine whether he be punished with
death or BY being imprisoned in the
Ipenitentiary for life at hard labor 9th
IeTwise you should not so lind.
80.
Ii you do not find the defendant guilty
of murder in the first degree but do
ind, from the evidence introduced upon
! the trial. beyond a reasonable doubt
iunder these instructions. thai the de-
fendant, b. F. kneeskerh, in Winnie
Shiek county. Iowa. on or about Deem
her II. 1921. did murder Irene van
BrOcklln otherwise than as set forth IN
| the last preceding instruction. then you
lought 10 ind the defendant guilty OF
murder in the second degree Other
wise you should not 50 ind
81.
II you do not find the defendant
guilty OF murder either in the first or
second degree but do find. from the evil
denoe introduced upon the trial. beyond
a reasonable doubt. under these instruc-
Itions, that the defendant 3. F. Knee
skern, in Ninneshiek county. Iowa. on
or about December II, 1921. did unlaw-
fully Kill Irene van Brocklin, without
lmalCe, either express or implied. and
without elaboration, then you ought 10
md the defendant guilty of manslaugh-
tier, whether such killing was voluntary
TOR involuntary. Otherwise YOU should
lnot so find.
The defendant cannot be convicted OF
Imore than one OF said offenses If con-
lvicted al all. If, under the evidence and
these instructions, you do not find the
defendant guilty of any offense your
verdict VIII be not guilty.
II Ii you find the defendant guilty of
! murder in the first degree, your fore
man will sign the first or second form
Iof verdict upon the attached sheet in
, accordance with your findings upon the
lquestion of penalty as therein stated.
Ii you find the defendant guilty of
; murder in the second degree, your FORE
man will sign the third form of ver-
: Idict
If you find the defendant guilty Of
, Imanslaughter. you will use the fourth
, form OF verdict and if YOU find the de-
!. lfendant not guilty your foreman will
sign the fifth form Of verdict.
a.
You are the sole judges of the weight
Ito be given TO the testimony of each
witness and in this connection you may
lconsider the apparent interest or lack of
Interest OF the witness in the result of
the trial, MS or her appearance and de-
imeanor while upon the witness stand,
This or her means OF knowledge. the pro-
liability or improbability OF his or her
statements, and from all these and other
facts and circumstances proven upon the
ltriak give TO the testimony OF each wit
lness the weight to which YOU believe
the same fairly entitled
IS.
This case Is now submitted to YOU
for consideration. As jurors it is your
duty TO give il Your most careful atten-
ltion and TO discharge your duty with
out hesitation. fear or favor let the re-
suit and its consequences be what they
may. The good OF society requires that
Icrime shall be surely and promptly pun
lished. No consideration OF sympathy
Tor excessive kindness should for mo-
lment swerye or deter YOU from finding
1.-THE defendant guilty if you are satisfied
from the evidence, beyond a reasonable
doubt, that he is guilty On the other
hand. you must not be influenced by any
lrenlarbS by counsel in argument to you.
lor remarks between counsel or between
lcounsel and the court. during this trial
THAT are not warranted by the evidence,
Iii any nor by any feeling of excitement
Tor prejudice in the community, il any
leNistS. which has less reliable knowledge
Iof the facts and less legal and moral
responsibility than YOU have acting upon
lyour oaths The vast importance To- So
iciety and to the defendant of the re-
suit OF your elaboration should prompt
lyou to careful and impartial investi-
lgation OF this case, looking solely and
only TO the evidence produced before you
: here and actuated by one motive only,
that OF doing entire justice under the
evidence and the law as given You by
the court.
When the form of verdict upon which
lyou agree has been signed by your fore
man. YOU will return II into court.
c. II. KELLEY. Judge,
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