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 evidence, and if the jury have reasonable doubt as to any material fact, necessary to be proved in order to support the hypothesis of the prisoner's guilt, to the exclusion of every other reasonable hypothesis, they must find her not guilty. "'IV.--If the jury are satisfied from the evidence, that the accused is guilty of the offence charged, beyond reasonable doubt, and no rational hypothesis or explanation can be framed or given (upon the whole evidence in the cause) consistent with the innocence of the accused, and at the same time consistent with the facts proved, they ought to find her guilty. The jury are the exclusive judges of the evidence, of its weight, and of the credibility of the witnesses. It is their duty to accept and be governed by the law, as given by the Court in its instructions.'