The Winslow mail., 1923-03-02
Reporters Transcript OF Oral InstrHc
ton to Jury.)

duty of the Court, as the occasion
may seem to demand, 10 express its
opinion to the jury upon the evidence
or upon the issues as they may have
been presented; and during the cour-
Sc of these instructions | may have
occasion to express to you some OPT
Mon upon the issues or the evidence
that has been presented to you, but il
do you are always to remember and
keep in mind that no expression OF
opinion coming from the Court with
respect to the facts of the case, with
respect to the evidence of the case, is
in any wise conclusive or binding up
on you.
The community looks to you for
your expression of your own individ-
ual, Independent Judgment upon the
matters that are here submitted to
you 1t expects that you will bring
your own good common sense, your
experience as mature men, to con-
sideration of these matters; and hav-
ing brought your good sense to con-
sideration of them, out of that and
because of that you will arrive at
judgment or conclusion which will be
Ol yOuI VIEWS dAO AOC CilS
views of some one else.
Every witness is presumed to speak
the truth, but this presumption may
be repelled by the manner in which
he testifies, that is. 1t is straight for
ward or is he halting; is it express
sive of candor or concealment? This
presumption of verify and truthful
ness may be repelled by his or her
appearance upon the stand, by the
character of the testimony given, II 1t
be unreasonable or improbable in its
nature, or by the giving Of false or
perjured testimony; if such has been
given, or by his motives in the case
one way or the other, as they may be
made to appear, or his interests IN
the case or in its outcome one way or
the other, or by contradictory evil
dence.
A witness may be impeached by the
party against whom he is called, by
evidence or by evidence
that he has made at other times
statements inconsistent with his pre-
sent testimony If you believe that
any witness has been impeached or
that the presumption of truthfulness
attaching to the testimony OF such
witness has been repelled, then you
will give the testimony of such wit
ness such credibility if any, as you
may think it entitled to.
In this case two of the defendants
Il think two only took the stand
Mr.. Dickson.-Yes, sir.
The Court.--Which one?
fC
The Court.-In this case two of the
defendants, Clements and Reynolds,
took the stand and testified in their
own behalf. This was their right un
der the law, and their testimony is to
be weighed by you in accordance
with the same general rules that l
have indicated with reference to wit
nesses generally, with this additional
factor: That in determining the
weight and effect to be given to their
testimony in addition to noticing
their manner Of testifying, the prob
ability of their statements and those
other matters l called your attention
to, you have the right to consider the
situation under which they testified
in the case, that is, that they were
defendants in the case, and weigh
their testimony in the light of that
fact In other words, while you have
no right at all to disregard the testi-
mony of witness because he hap
pens to be a defendant, it is your
duty to weigh his testimony in the
light of the fact that he is a defend
ant in the case and in that wise his
interest in the outcome of the con-
troversy.
So also the other defendants in the
case did not take the stand and this
also was their right. Under the law
in this country, accepted and acted
upon ever since we adopted the form
of government and the system of ju-
risprudence which we have, defend
ant may, not be called upon to give
testimony if he does not desire to do
So He has right to wait and rest
his case upon the evidence that may
be offered by the Government or by
the People, as the case may be. The
mere fact that he does not take the
stand is not to be urged against him
nor become a matter of prejudice, and
from it you are in no wise authorized
to indulge in any, inference of guilt.
You are to determine the case upon
the evidence offered and decide from
that and that alone.
You are not bound to decide in con-
formity with the declarations of any
number of witnesses which do not
produce conviction in your minds
against less number or against a
presumption, or other evidence salts
flying your minds.
In a civil case, gentlemen, the af-
firmative of the issue must be proved,
and when the evidence is contradic-
tory the decision must be in accord
ance with the preponderance of the
evidence; but in criminal cases guilt
must be established beyond a reason
able doubt, and the burden of estab
fishing such guilt rests upon the Gov
ernment The law does not require
of the defendants that he prove him
self innocent, but the law requires
the Government to prove the defend