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3 revisions | ChristianSlagle at Apr 20, 2020 10:14 AM | |
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40ALL RESTS WITH THE JURY (Continued From Sixth Page.) necessary to give direct and positive proof what is the quantity which would destroy life, nor is it necessary to prove that such a quantity was found in the body of the deceased. It is sufficient if the jury are satisfied by the evidence beyond a reasonable doubt that death was caused by poison of some kind, and that the poison was administered by the parties charged with the intention of causing death. "The next branch of the case to which I would call your attention is the alleged confessions and statements made by the defendant, Monday McFarland. Whatever may be your conclusion concerning these statements and confessions, so far as they may relate to the defendant McFarland himself, you are instructed that the law is that where two persons or more are together charged with the commission of a crime, or in any case where any one person charged with a crime makes statements connecting himself or any other or others with the commission thereof, then under no circumstances can the confessions or statements so made be considered or used as evidence against any person other than the one making the confessions or statements. So in this case, however, you may decide as to the defendant, McFarland, the confessions and alleged statements that it has been testified to that he made cannot in any degree or measure be considered by you or allowed to weigh against the defendant, Mary Sheedy, and so far as her guilt or innocence is concerned you must determine from the evidence outside and other than the statements or confessions alleged to have been made by the defendant, Monday McFarland." He instructed the jury that it was with them to decide whether or not Monday's confessions had been obtained by threats or promises and consider or reject them accordingly. There were twenty-seven instructions in all, covering twenty-four type written pages, which would fill some seven or eight columns of this paper, hence it would be simply impossible to give them at this time. It is to be regretted, not perhaps that the closing arguments were so long as they were, but that they were so long that it was impossible for the stenographer to transcribe them. The time spent in the argument of that case was a full twenty-four hours. There were eight attorneys and they averaged three hours each. Mr.Lambertson spoke three hours and forty-five minutes. At five minutes before 6'oclock Judge Field submitted the case to the jury. Baliff Taylor was sworn to take charge of them, keep them in a room, permit no communication and only speak to them himself to ask them if they had agreed upon a verdict. They were then taken to the jury room, after which Judge Field complimented the public on its exemplary deportment during the long trial. He also commended the attorneys for their patience and courtesy. There had been some jars, it was true, as was usually the case in criminal cases, but the case had been hotly and ably contested and remarkably free from dissensions. "Your honor," said Judge Lambertson, "I made a remark to Mr. Strode this morning in the heat of passion which I wish to withdraw, and hope he will do the same with what provoked it." But he didn't, Mr. Strode simply replied: "I freely forgive you, Mr. Lambertson, I did not take it seriously or get angry about it when you said it." The crowd then dispersed to await the momentous outcome of that long and important trail, which has taxed the energies of all who have been connected with it in any capacity, as judge, attorney, juror, witness, court officer, reporter or spectator. At a late hour last night it was announced that the jury would not be heard from until 9 a. m. to-day. | 40ALL RESTS WITH THE JURY (Continued From Sixth Page.) necessary to give direct and positive proof what is the quantity which would destroy life, nor is it necessary to prove that such a quantity was found in the body of the deceased. It is sufficient if the jury are satisfied by the evidence beyond a reasonable doubt that death was caused by poison of some kind. and that the poison was administered by the parties charged with the intention of causing death. "The next branch of the case to which I would call your attention is the alleged confessions and statements made by the defendants]. Monday McFarland. What ever may be your conclusion concerning these statements and confessions, so far as they may relate to the defendant McFarland himself, you are instructed that the law is that where two persons or more are together charged with the commission of a crime, or in any case where any one person charged with a crime makes statements connecting himself or any other or others with the commission thereof then under no circumstances can the confession of statements so made be considered or used as evidence any person other than the one making the confessions or statements. So in this case, however, you may decide as to the defendant, McFarland. the confessions and alleged statements that it has been testified to that he made cannot in any degree or measure be considered by you or allowed to weigh against the defendant, Mary Sheedy, and so far as her guilt or innocence is concerned you must determine from the evidence outside and other than the statements or confessions alleged to have been made by the defendant, Monday McFarland." He instructed the jury that it was with them to decide whether or not Monday's confessions had been obtained by threats or promises and consider or reject them accordingly. There were twenty-seven instructions in all, covering twenty-four type written pages, which would fill some seven or eight columns of this paper, hence it would be simply impossible to give them at this time. It is to be regretted, not perhaps that the closing arguments were so long as they were, but that they were so long that it was impossible for the stenographer to transcribe them. The time spent in the argument of that case was a full twenty-four hours. There were eight attorneys and they averaged three hours each. Mr.Lambertson spoke three hours and forty-five minutes. At five minutes before 6'oclock Judge Field submitted the case to the jury. Baliff Taylor was sworn to take charge of them, keep them in a room, permit no communication and only speak to them himself to ask them if they had agreed upon a verdict. They were then taken to the jury room, after which Judge Field complimented the public on its exemplary deportment during the long trial. He also commended the attorneys for their patience and courtesy. There had been some jars, it was true, as was usually the case in criminal cases, but the case had been hotly and ably contested and remarkably free from dissensions. "Your honor," said Judge Lambertson, "I made a remark to Mr.Strode this morning in the heat of passion which I wish to withdraw, and hope he will do the same with what provoked it." But he didn't, Mr.Strode simply replied: "I freely forgive you, Mr. Lambertson, I did not take it seriously or get angry about it when you said you said it." The crowd then dispersed to await the momentous outcome of that long and important trail, which has texted the energies of as who have been connected with it in any capacity, as judge, attorney, juror, witness, court officer, reporter or spectator. At a late hour last night it was announced that the jury would not be heard from until 9 a. m. to-day. |
