Show Judge Morse Delivers His Instructions Iii In- and tile the Case Turned Over to the Jury at 1 11 25 0 CIOCI I 1 If 4 4 or 4 JAMES SHARPS SHARP'S I N STORY I 4 I CHARGED PETER WITH WITH THE MURDER OF 4 MY lilY LAW SON If BECAUSE I KNEW THAT HE WAS GUILTY GOD REVEALED IT TO ME HE APPEARED t ME BY THE 4 4 HOLY GHOST AND PUT THE WORDS OF THIS THIS THIS' If IT INTO MY 4 f 4 MOUTH I HAD TO UTTER THEM FOR I KNEW lEY WERE f TRUE I CANNOT AND WILL NOT DENY IT HEi 10 NEITHER 4 f WILL I DENY IT WHEN I MEET MY IY GOD IN At DAY 4 f 4 THIS TillS WAS NOT THE ONLY MANIFESTATION I ON TU TUESDAY Y NOON I SAW THE TRAIL OF BLOOD LEADING 4 f 4 FROM I THE RAILROAD TRACKS TO WHERE MY SON-IN-LAW SON 4 WAS BURIED BURlED I SA SAW W IT IN A VISION JUST AS PLAINLY AS WHEN I AFTERWARD VISITED THE SPOT SPOT- James Sharps Sharp's statement statement state- state 4 ment on the witness stand in the ease case ase 4 4 1 4 4 44 4 Judge Morse read his instructions to 1 the jury jUly in an Impressive manner He lie at 1123 1125 2 After giving the law law reg regarding the various degre degrees degres s of murder he said Seventh You Seventh You are instructed thata mere I preponderance of the tho evidence In favor of the prosecution is not convict con con- vict the defendant Before he can be convicted convicted con con- each juror must be of his guilt beyond a re reasonable doubt Jud unless unless un- un less each juror has an abiding conviction to 10 a moral certainty certainly 01 of the me truth iruin of ot th the me I charge made against the defendant he cannot be c convicted I Other Degrees Defined Denned I Eighth You Eighth You are further instructed that that the offences of murder in ln the second degree deSS de de- de- de gree and voluntary n manslaughter s a are I necessarily SS included l ll in the offence which is is charged in this information information- and under our law a defendant may be convicted of either of such other offences so Included and if in this case It shall appear to you OU that the defendant has committed a public pub pub- lie lic offence and there is in your our minds a reasonable doubt of which of two or more degrees h is guilty you OU can convict him of the lowest of such degrees degrees' only A Reasonable Doubt Tenth Tenth If after you have considered all the evidence evidence in nce in in this case fairly and impartially impartially im im- im- im partially and after having consulted COllS with I each other as to what your verdict should be any juror entertains a reasonable I dOU doubt t of f the defendants defendant's guilt thep then you ou pac lr m f l r his oath h must vote according to his own convictions and the reasonable doubt with which he- he helIas has lIas to to do is the doubt in inh h his s own mind But this does not mean that that- each juror furor cannot cannot- consider and respect re re- re- re speet the views of his fellow jurors but when he has accorded to them all proper at CJ d consideration Wd l and respect e t if a r reasonable s doubt remains in it his mind he should vote not guilty Circumstantial Evidence Eleventh Eleventh Eleventh Circumstantial Circumstantial evidence in criminal l cases' cases is competent and is of the same same- force torce and effect as any other evidence provided the facts and circumstances circum stances when taken all together together- are of ot such a character as to satisfy the minds of the jur jury beyond a reasonable doubt that the defendant is guilty This kind of evidence is the proof of such facts and circumstances connected with or or surrounding surrounding sur cur rounding the perpetration of the crime charged as tend to show the guilt or Innocence in innocence in- in of the person accused e and if r de these facts c a and circumstances ta when he considered con con- o all together are nt to satisfy satisfy satisfy sat sat- the minds of the Jury of the guilt of the defendant the beyond a reasonable doubt do then such evidence Is sufficient to authorize authorize authorize au au- au- au a conviction but if such facts and circumstances when considered all to together together together to- to gether are capable of explanation upon any any other reasonable hypothesis than that the defendant is guilty then such evidence will not warrant A conviction I I The prosecution claims that the evidence in this case is made up of a chain of circumstances cir dr- and facts or links so connected connected con con- nested together that they lead up with all reasonable certainty to the defendants defendant's guilt I charge you that in ill order to conict convict convict con con- vict the defendant upon this class of evidence evidence evi evi- dence you must be satisfied beyond a a. reason reasonable ble doubt that each material fact factor or necessary necessary ss link In the chain h has been proven i- i and if you have a reasonable mb doubt that doubt that any material fact or link constituting constituting constituting con con- the chain of circumstances has been proven then you ou should acquit the defendant en Defendants Defendant's Defendants Defendant's Testimony Fourt Fourteenth Under nth Under the law of this State a a. defendant in a criminal case may if he chooses to do so testify in his own behalf but if he docs does not offer r himself as a witness witness wit wit- ness that fact shall not in any manner prejudice him nor be used against him on the trial and you are arc instructed that you must not take Into Inlo consideration nor in any manner be Influenced by the fact that the defendant did not testify in this case Sixteenth Sixteenth-It If you ou believe any witness has willfully testified falsely as to any material fact in this case you ou are at liberty liberty liberty lib lib- lib lib- erty to disregard the whole or any part o othe ot of the testimony of or such witness except as ashe ashe ashe he may have ha been corroborated by credible credible credible credi credi- ble witnesses or credible evidence in the case Fa Fairly and Impartially Eighteenth It It is your is-your your our dut duty to consider the evidence all together fairly impartially impartially and conscientiously You should arrive arrive ar ar- ar- ar rive nyc at your our verdict solely upon the evi- evi f du t e you YU upon O the trial Sd r t nor be e in influenced influenced in- in by any evidence e offered but not Admitted by the court nor any evidence stricken out by bi this court You should should not consider nor be b by any rumor rumor rumor ru ru- ru- ru mor or expressions of opinion you may have heard or read out of court nor by bythe bythe bythe the fact if you believe it to be a fact that a public sentiment exists in favor of If Ifor or against the defendant You should s not consider the g si fact i that nor t irh in the thO any ny defendants defendant's way be i. i influenced n wife rl n or da any by bythe bythe members of his his' family have or have n not t been present in court during this trial You should not consider nor be Influenced by any statements of counsel as to what the evidence is unless the they state it correctly correctly correctly cor cor- re nor by any statements s of counsel of facts not shown by the evidence As to Mercy Plea Nineteenth Under Nineteenth Under the law of this State the the- penalty for murder in the first degree is death or upon the recommendation of the jury may be imprisonment at hard la labar labor labor la- la bor bar in the State prison for fot life and Ifor if you should d find d the defendant guilty of fl J or tC i murder d in the first degree decree you vou should u then consider the question of making such recommendation and it will ill be your our duty to consider such question in the same manner as any alU other question submitted to you giving to it your careful and conscientious conscientious conscientious con con- consideration and should you decide to make such recommendation you ou will include it in your our verdict |