016

Page 16

Nineteenth

The Court erred in instructing the Jury
that the testimony of the witnesses "who
were participants in the massacre should
be taken with great caution if uncorroborated
in a material point by other evidence."
In this that the said witnesses who were
participants in the massacre were wholly
incompetent to show the guilt of defendant
unless supported and corroborated by the evidence
of competent witnesses who were not accessories
to the crime charged in the indictment.

Twentieth

The Court erred in instructing the Jury as
follows. "Were said parties unworthy of belief
the law would not allow them to be put
upon the witness stand."
Because It takes from the Jury the right
to pass upon the credibility of the witnesses
and in effect instructs the Jury that every person
sworn and testifying before them is entitiled
to full faith and credit and when taken in
connection with the other part of the charge
"that the evidence in this case is overwhelming"
against this defendant. It leaves nothing
whatever for the Jury to determine, except the
wording of the form of their verdict for
murder in the first degree. Thereby depriving the
defendant of the right of a fair and impartial trial.