The court instructs the jury in behalf of the Commonwealth as follows

1^rst If the jury are satisfied from all the testimony in this case beyond a reasonable doubt that John alias Jack Shepherd on the night of the 2^nd of April last in this county and with malice aforethought took the life of John Collins by shooting him in the side with a gun or pistol they should find him guilty of murder as charged in the Indictment

2^nd If the jury are satisfied (from) in the testimony in the cause that any one or more of the witnesses have Knowingly and corruptly sworn falsely to any material fact they may entirely exclude all the statements of such witness or witnesses in their consideration of this case

3^rd Unless the jury are satisfied from the testimony that such statement or statements are made corruptly and wilfullly false they should not exclude all such statements in their consideration of this case

4^th The jury are the sole judges of the credibility to be attached to the statements made by each witness in the cause and in forming their opinion as to what weight they should

attach to any statements made by any of the witnesses, they may consider not only the statement itself connected with other testimony in the cause they should also take into consideration the manner and conduct of the witness at the time he or she gave in their testimony in the stand

5^th If the jury are satisfied from all the evidence except that of the Alibi beyond a reasonable doubt of the guilt of the prisoner then the law requires that the accused who for his defence relies upon the ^an^ Alibi shall by his testimony in order to establish that alibi cover the whole time of the transaction in question so as to render it unpossible in under all the facts in the cause that the prisoner could have committed the deed and it is not enough that the statements relied on to establish such alibi render guilt impossable merely

Copied at Ja^s P Chambers for
Hop Price

Comlth
vs } Copy of Plffs Instructions
Jack Shepherd

Attest copy