833-C-I65
THE STATE OF NEBRASKA VS MONDAY McFARLAND
AND MARY SHEEDY.
20.- The Court further instructs the Jury, that when the verbal admission
of a person charged with crime is offered in evidence, the whole of
the admission must be taken together, as well as that part which makes
for the accused as that which may make against him, and if part of the
statement which is in favor of the defendants, is not disproved and is
not apparently improbable or untrue, when considered with all the other
evidence in the case, then such part of the statement is entitled to as
much consideration, from the Jury, as any other part of the statement.
R E F U S E D:
22.- The Court instructs the Jury, that the confessions of a prisoner
out of Court are a doubtful species of evidence, and should be acted
upon by the Jury with great caution, [andunless?] they are supported by
some other evidence tending to show that they prisoner committed the
crime, they are rarely sufficient to warrant a conviction.
R E F U S E D:
23.- The Court instructs the Jury, that they are the sole judges of
the facts in this case, and of the credit to be given to the respective
witnesses who have testified; and in passing upon the credibility of
such witnesses they have a right to take into consideration their prejudices,
motives or feelings of revenge if any such have been proven
or shown by the evidence in this case, and if the Jury believe from the
evidence, that any witnesses have knowingly and wilfully testified fasefly
as to any material fact or point in this case, the Jury are at liberty,
unless corroborated by other credible evidence, to disregard the
testimony of such witness or witnesses in toto.
R E F U S E D:
24.- If there is any one single fact proved to the satisfaction of
the Jury, by a preponderance of evidence which is inconsistent with
defendant Mary Sheedy's guilt, this is sufficient to raise a reasonable
doubt, and the Jury should acquit the defendant.
R E F U S E D:
25.- The policy of our law deems it better that many guilty persons
should escape rather than one innocent person should be convicted and
punished; so that unless you can say, after a careful consideration of all
the evidence in the case, that every material allegation of the information
is proved beyond a reasonable doubt, you should find the defendant
not guilty.
R E F U S E D:
26.- The Court instructs the Jury as a matter of law that the burden
of proof is on the prosecution to establish by the evidence every material
allegation in the Information beyond a reasonable doubt; and if
they have failed to do so the Jury must acquit the defendants either
one or both, as the above rule of law applies to either or both.
That in order to convict the defendants or either of them of the
crime of poisoning as charged in the fourth and fifth counts of the
Information in this case, the Jury must find from the evidence;
First: That the deceased came to his death by poison.
Second: That it was administered to him by the defendants either
