ven close your own soul to her
whispering reproaches and enjoy the ill-earned plaudits of the selfish
or biased friend or interest whom you sought to please, but be assured
you will not change the truth, you will not deceive justice which, at
some time, and in some way, will collect from you the penalty which is
always sooner or later exacted from those who betray the truth.
"So let me urge that in deciding the issue of facts which is now your
responsibility you be guided by these instructions which you have sworn
to follow, and by their conscientious application to the evidence in
this case.
"Do not permit yourselves to be swayed by sympathy, influenced by
prejudice, or moved in the least by a consideration of what might or
might not meet the approval or the condemnation of any person or class
of persons, or of interest whatever. To do so will be an act alike
dishonest, violative of your oath, substituting for a fair and impartial
trial an unfair and a partial one. This is an epoch in your lives to
which you will ever look back. Be sure that when you do you may face the
smiling approval of your conscience rather than its stinging reproach.
"The guilt or innocence of this defendant is a single question of fact
to be determined by the evidence alone. If this evidence shows defendant
to be guilty, then no sympathy, no desire for approval, no fear of
condemnation, can make him innocent; if the evidence fails to show him
guilty, then no prejudice, no desire for approval, no fear of
condemnation, can make him guilty. The issue is a momentous one, not
only to the defendant, who, if innocent, deserves the deepest sympathy,
for the accusation made against him is a serious one; but likewise to
the public and to society at large, and the tranquility and security of
our different communities.
"A false verdict against the defendant conflicts with the purpose and
the laws of the State as effectively as a false verdict in his favor.
The State has no higher duty or interest than to preserve all its
citizens from suffering under unfounded accusations. If, on the other
hand, the guilt of the defendant has been shown, a false verdict of
acquittal would not only be a breach of your oaths, but it would inflict
a grievous wrong upon the State. If a true verdict calls for conviction,
the misfortune to the defendant is not in the verdict, nor in the
penalty, but in the fact it was his conduct which makes the verdict
true. You alone of
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