oner with a coat of mail, that only irrefragable
proofs of guilt can pierce, and the law declares her innocent, unless
the proof you have heard on her trial satisfies you, beyond a
reasonable doubt, that she is guilty. What constitutes reasonable
doubt, it becomes your duty to earnestly and carefully consider. It is
charged that the defendant, on the night of the twenty-sixth of
October, did wilfully, deliberately, and premeditatedly murder Robert
Luke Darrington, by striking him with a brass andiron. The legal
definition of murder is the unlawful killing of another, with malice
aforethought; and is divided into two degrees. Any murder committed
knowingly, intentionally and wantonly, and without just cause or
excuse, is murder in the first degree; and this is the offence charged
against the prisoner at the bar. If you believe from the evidence, that
the defendant, Beryl Brentano, did at the time and place named,
wilfully and premeditatedly kill Robert Luke Darrington, then it will
become your duty to find the defendant guilty of murder; if you do not
so believe, then it will be your duty to acquit her. A copy of the
legal definition of homicide, embracing murder in the first and second
degrees, and of manslaughter in the first and second degrees, will be
furnished for your instruction; and it is your right and privilege
after a careful examination of all the evidence, to convict of a lesser
crime than that charged in the indictment, provided all the evidence in
this case, should so convince your minds, to the exclusion of a
reasonable doubt.
"In your deliberations you will constantly bear in memory, the
following long established rules provided for the guidance of jurors:
"'I.--The burden of proof rests upon the prosecution, and does not
shift or change to the defendant in any phase or stage of the case.
"'II.--Before the jury can convict the accused, they must be satisfied
from the evidence that she is guilty of the offence charged in the
indictment, beyond a reasonable doubt. It is not sufficient that they
should believe her guilt only probable. No degree of probability
merely, will authorize a conviction; but the evidence must be of such
character and tendency as to produce a moral certainty of the
prisoner's guilt, to the exclusion of reasonable doubt.
"'III.--Each fact which is necessary in the chain of circumstances to
establish the guilt of the accused, must be distinctly proved by
competent legal evidenc
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