Page:Federal Reporter, 1st Series, Volume 1.djvu/533

 KOETH NOONDAT MINING 00. V. OBIENT MINING 00. 525 �model -which exhibits to your view the shafts, drifts, cross- cuts, veins and their connections, in their proper locution, and illustrates to you ail the workings of the mines. You have had diagrams, also, exhibiting the same worldngs in that form, and everything, indeed, which conld be desired to throw light on the subject, has been prepared and arranged and presented for your consideration and the consideration of the court. �Counsel having ably discharged theîr duty, it now devolves on the court to atate to you the law governing this case ; and then it will be your duty, gentlemen, and your province, to determine the facts. The questions of fact are for you to determine; the weight to be given to the evidence, the credi- bility to be given to the witnesses ; and everything relating to a disputed question of fact is for your sole consideration and determination. �If I state the testimony, I shall only do it for the purpose of calling your attention to it and stating its tendency ; but I shall not go over it fully. If I intimate an opinion on a question of fact, you are nOt to be governed by it, unless it corresponds with your own ideas as to what the facts are. If I make a mistake in stating the testimony, or alluding to a fact, you -will correct it by your owo recollection and judg- ment. I do not intend to expiess an opinion on the questions of fact, where the testimony is in conflict. I shall state to you the law which governs this case, and it is your duty to take the law from the court. �There are questions here that are new and have never been determined before, so far as I am aware. Some of them, as stated before, are difficult; some I may not be entirely clear about ; but I have reached certain conclusions on the questions of law that have been so ably argued, and those I shall state to you so far as I deem them applicable to the case, and you will take them from the court and be governed accordingly. Whether wright or wrong, it is your duty to act on them as given by the court. If the court makes a mis- take, or an error of law, it is known where that error lies. It can be rc-examined by the court on a motion for a new ��� �