Year: 1871

MADE the statements imputed to him
In which he declared 1t to 'hay,. been
not intended blythe defendant Won viu
decide. Did he dictate the letter. writ.
ten by Porter and Harris? The rredi.
bility OF the witnesses, and how far the
testimony of any are impeached by
proof OF statements out of court d fTar.
ent from their testimony here, you will
Judge.


You will be careful to remember that
these statements, by witnesses when
not under oath are not evidence of any
TACT against the defendant. The only
effect. 1t could have would be to affect
the credi5ility of the witness thus at.
tackled


ANY opinion expressed by auy wit
ness Is to have no bearing rs proof of
facts.


When witness swears aiiimstively
to fact that he saw or heard, his testi-
mony is ordinarily to lie allowed greater
weight than the testimony of another
witness present at the same time who
swears that he did not see or hear, or
does not recolcct tho transaction or the
words spoken.


With these general rules in mind you
Will enter upon the consideration of
this case Act upon your own Judgment
in determining the facts take not the
opinions OF counsel in regard to them,
further than their views respond
with your judgment of the right and
then decide.


If you have any reasonable doubt
that the deceased came to his death at
the hands of the defendant, that doubt
should operate to acquit the defendant.


In deciding upon the case, or upon
any material part Of it, it is the duty
of the jury to'givc the prisoner the ben
eft Of any reasonable doubt, arising out
of the evidence, which prevents them
from coming to satisfactory conclu.
sion.


This doubt must not be fancied one,
1t must be an honest doubt such diff
hculty as fairly strikes conscientious
mind and clouds the judgment. If the
mind is so we'll satisfied of fact on the
evidence that unreasonable man would
be willing to act upon in affairs of the
utmost Importance to himself, there
would be no room for doubt.


If you find that the killing was by
him, but you have such doubts as to
whether it was wilful, deliberate and
premeditated, with the specific intent
to take life also, you cannot find him
guilty of murder in the first degree,
and the'grade of the homicide would be
reduced to at least murder in the Sec
ond degree.


have said to you that when the kill
ing is proved that the law implies mall
ice. That implication, however, being
a presumption of law, may be rebutted


by proof of facts which negative its ex-
istence-such as accident, or heat of
blood or provocation. If a deadly
weapon is used purposely, the grade of
homicide must not be reduced below
murder. If it was not used with intent
to Kill or do great bodily harm, and yet


was used wantonly and rsck lessly in
an unlawful manner, in the commits.
sion of an assault upon the deceased,
the oflense would be manslaughter.


If it was as we have said misadven-


ture, and accident, it would be no of.


feuse in the eye of the law.
In your verdict you will say specific


ally how you find 4; If murder, you must


specify the degree; if OF manslaughter,
you will say not guilty of murder, hut
guilty Of voluntary manslaughter. If


it was misadventure, your verdict


will be not guilty.


And ow,gentlemen,i this very impor-


tant and yet somewhat mysterious case


Is about 10 bn committed TO your final


decision. Up to this time every person
of this great assembly must he satisfied
: of the fairness, regularity, and impair
tiality of this trial, and feel sure that


nothing which is left 10 be done by you
will impair its general character.
If you discharge your duty conscien
tiously, as l have no doubt you will,
whether your verdict he popular or un.


popular you may defy the censureS as


know you would disregard the applause


of the multitude.


r You have frequently, in the progress
i. of the trial, heard reference made tc
q the charge Of the Court. That refer
ence, however. was only as to the law


The law as applicable tn nearly all hom
I icide trials. We have now given you
that law. You must find the facts ant
d then apply the law to them, and unde


the facts as you shall find them say
h whether this defendant be guilty Of any
It offense, and il so, OF what grade. Ifh,
,. be innocent your verdict should gran
, him speedy deliverence.
,e May unerring wisdom lead you to


correct conclusion.


j, IRISH SNAKEs.-Conlrary to the pop