simply stands up before you and says: Before you can convict this
man he must be proven guilty. And as the evidence is given to you
step by step the presumption stands as a guard between innocence
and the evidence that is being given, until at last, when your mind
is satisfied, when your judgment has come to the conclusion that
the men are guilty, the presumption is wiped out, and you are no
longer to presume the man innocent.
"When you stated that you would not convict these men except they
were proved guilty beyond a reasonable doubt, it simply meant
this--that, after hearing the evidence, if you are satisfied of the
truth of the charge; if you are satisfied, as jurymen sworn to do
your duty, that the men on trial are guilty, then you have no right
to go digging around for doubts; you have no right to hunt around
for an excuse to refrain from doing that which the law makes it
your duty to do. A reasonable doubt means a doubt that is
reasonable. I mention these facts because the learned counsel for
the defense, which was proper and right, were anxious to impress on
your minds that before you could convict anybody you must believe
them guilty beyond a reasonable doubt. You have taken an oath in
this case and are sworn to try it upon the law and the evidence.
The oath taken is that you will well and truly try this case and the
verdict render according to the law and the evidence. That means
that there is an issue to be tried. The men at the bar are charged
with the crime of murder on the one hand; that on the 4th of May, in
this county and State, they did maliciously, wickedly and
feloniously kill and murder Dr. Cronin. That is the charge made in
the indictment. On the other hand, these prisoners at the bar say
they are not guilty. That issue is what you are sworn to try. It is
as to whether these men on trial killed and murdered Dr. Cronin.
What is murder? may be asked. Murder is the unlawful killing of a
human being with malice aforethought, either expressed or implied.
Before you can convict these men it becomes the duty of the people
to prove every material allegation in the indictment. What are the
material allegations in the indictment? First, that Dr. Cronin was
killed; next, that he was killed in this county and State; next,
that thes
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