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The Minneapolis journal. (Minneapolis, Minn.) 1888-1939, May 13, 1905, Image 1

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045366/1905-05-13/ed-1/seq-1/

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JOURNAL
Friday
26 Pages
NEAREST
Competitor
5 18 Pages
114 ColumnsAdv
67 Cols. Reading
70 Columns Adv.
54 Cols. Reading
PRICE TWO CENTS.
TALES OF PLOTS
ALARM RUSSIANS
Story Goes that Attempt to Kill
Kill Czar and Czarevitch
Was Blocked.
Admiral of the Russian Navy Is
Shot Down by His
Orderly.
Paris, May 13.There was a rumor
on the course today of an attempt on
the life of the Russian emperor. Ap
parently it -was the outgrowth of a
dispatch to the Petit Journal from St.
Petersburg: saying:
"Society is agitated over a myste
rious drama which has occurred at
Tsarskoe Selo. It is alleged that a.
nurse was about to put the infant heir
to the Russian throne into a bath of
boiling water when the empress inter
vened in time to save the child."
Teh dispatch adds that all the do
mestic servants of the household have
been dismissed.
ADMIRAL NAZITOFF KILLED
Orderly Shoots His Superior in Pit of
Anger.
St. Petersburg, May 13."Vice Ad
miral Nazitoff was shot and killed by an
orderly in his room today. The orderly
fired three shots from a revolver at the
admiral. The crime is attributed to
the anger of the murderer at his dis
missal from his duties as orderly and
being ordered to proceed to the front.
May Day Trouble Brewing.
The-
workmen seem determined to
make a demonstration tomorrow. The
social revolutionists- are scattering
broadcast the most incendiary proclama
tion^ an dare also trying to terrorize
the Shopkeepers by sending them threats
to pillage their stores unless they
close up.
Many fantastic reports are in circu
lation to the effect that workmen, are
dialling in the neighboring forests, test:
irfg bombs, etc.' "Nevertheless, the au
thorities appear quite confident, say
ing that the main danger is that the
agitators will force the workmen into
.coltisions with the police and troops.
Several local societies have formally
requested the town council and Gov
ernor General Trepoff to permit the
-workmen to meet, parade and make
pacific demonstrations. General TreDoff
Bays he would be glad to agree to this
if he had any assurance that the hot
heads would not display red flags, sing
revolutionary songs or. compel interfer
ence which is sure to lead to bloodshed.
Strike at Kharkoff.
The workmen at Kharkoff have pro
claimed a general strike for tomorrow
and the governor is taking special pre
cautions to prevent disorders.
The bakers at Lodz, Eussian Poland,
have struck and no bread can be se
cured in the town. Neighboring vil
lages are sending supplies. Some of
the largest mills in Lodz are closed.
The domestic servants here have gone
.on strike.
The peasants of the district of Serga
tel, government of Nijni Novgorod,
have risen and set fire to several prop
erties. They are preventing all work
in the.fields.
A bomb factory has been discovered
in the sailors' quarters of Odessa. Many
bombs, ready for use were found.
BRITISH STEAMER SUNK
Strikes Mine Near Port Arthur and
Goes Down at Once.
Tokio, May 13.The British steamer
Bobralens, bound from Niu-chuang to
-Kobe, struck a mine off Port Arthur
?rom
:esterday and sank immediately. Boats
Port Arthur rescued all the Eu
ropeans aboard, but it is believed that
several of the crew and passengers were
drowned. It is also believed that the
steamer was inside the zone that ships
have been warned to avoid.
Jap Transport Hits Mine.
Ghi-fu, May 13.A merchant vessel
which has arrived here confirms the
report that the Japanese transport She
yutsu,' with 1,800 tons of provisions,
bouncl for Niu-chuang, struck a mine
Hay 4 near the Miao Tao islands. The
entire after part of the transport was
blown away. The Sheyutsu signaled
the merchantman that she was in dis
tress, but refused aid when she ascer
tained that the merchantman was a
Chinese Bhip. The captain of the mer
chantman states that it seemed impos
sible that the transport could live in
the storm.
JAP CRUISER NEAR 'FRISCO
Scouting Vessel Expected to Put In
There for Repairs.
San Francisco, May 13.A third
class cruiser of the Japanese navy is
'reported to be on the way to this port
to undergo repairs and a general over
hauling. The name of the vessel is
not known, but from all accounts the
\warship lately left th Asiatic coast
under orders to come to this port to
be repaired, and. it is likely that she
will, upon arrival, be detained here,
as was the Eussian cruiser Lena, until
the end of the war on the Asiatic coast.
The Japanese cruiser is daily expected
to arrive. It is presumed that she has
-been scouting in the Pacific, and, hav
ing become short of fuel, was ordered
to put in here, both for advices and
to receive an overhauling in case re
pairs should be necessary.
The Chronicle today says:
There is over a million dollars' worth
"Of munitions of war, contact-explosive
shells, unloaded, lying on the wharf
on the Oakland side of the bay. The
shells are consigned to Kobe, Japan,
but were "made in Germany/' The
work of loading these shells began on
two steamers, but was stopped today
when the masters of the vessels ascer
tained the character of their consign
ment. A conference for the purpose
of stopping the shipment of the shells
was held, out the collector of customs
declined to follow such a course, as
the transportation of the shells is not
in violation of the neutrality laws.
MURDER I N FIRST
IS JUDGE'S
CZAR' S HEI I N
PERIL IS RUMO
$-
WANTED TO START
BUMBLEBEE FARM
Evidence in Will Contest Tends to'
Show Albert Johnson Men
tally Incompetent.
The Defense Will Contend that
He Was Merely Humoring
His Brother.
Was Albert Johnson mentally incbm-
?hat
etent when he proposed to his brother
they start a bumblebee farm, or
was he simply trying to humor a man
whom he believed to be slightly unbal
anced?
Was the project to build a steam
boat to carry the two brothers down
the Mississippi and up the Missouri
a sincere vagary, or was it invented
for the same benevolent purpose?
And was the proposal to trade vacant
lots for Dr. Asa Johnson's house the
act of a crazy man or the clever sug-
estioon
of a man scheming to get the
est his brother?
Upon the answers to these questions
depends largely the outcome of the ef^
fort of Dr. Asa Johnson and his rela
tives to break the will of the late mil
lionaire, who "remembered" only his
niece, Miss Edna Dickerson of Chicago.
Thought Albert Crazy.
Stephen Rogerson, for years the
trained nurse in charge of Dr. Asa
Johnson, in Probate Judge Harvey's
court today testified that ne was con
vinced beyond the shadow of doubt
that Albert Johnson was crazy. As
reasons for this conclusion the witness
told of the above suggestions, made,
he said, in all seriousness by Albert
to his brother.
On cross-examination, the animus of
the witness was shown to be markedly
against the defendant, and he admit
ted, after much hedging," that he
would not have thought Mr. Johnson
nearly as crazy if he had left part of
his fortune to Dr. Johnson and the
Hunters
The defense eftdeayorad ftp show that
the suggestions of the bumblebee farm,
the steamboat and the trading in lots
in reality originated with Dr. John
son, alleged to DO a confirmed morphine
user, and that Albert simply acqui
esced in them so as not to excite nis
sick brother. The defense sought to
attribute insanity to Asa and not to
Albert Johnson.
The Doctor's Delusions.
"You know that Dr. Johnson used to
have insane delusions? That he contin
ually thought men were hanging about
the garden for the purpose of kidnap
ping or killing him?'' asked Mr. Welsh
on cross-examination.
I know that he did talk about such
men in 1908, when he was sick."
"Do you not know that he had these
delusions at times when Albert called
to see him, and that he talked them
over with his brother?"
I don't know that Dr. Johnson ever
talked about that to his brother."
"Wll, you used to talk about all
sorts of strange things that the doctor
used to conjure up, did you not?"
"He was just poking:"
"How did Albert Johnson act to
ward his brother when he talked of his
strange ideas?"
I don't knqw."
"Didn't he try to quiet the mind of
his brother?"
"No, sir he just sided in with him."
That's what I thought. Now in the
matter of the proposal to trade lots for
tho doctor's house. Do you think that
was the proposal of a crazy man?"
"Well, I think it was. Dr. Johnson
would have been crazy if he had ac
cepted the proposal."
"Perhaps but was Albert Johnson's
proposal crazy from his standpoint?"
"Noperhaps not from his stand
point. He was trying to cheat his poor,
sick brother, if he wasn't crazy."
The hearing was continued to Tues
day morning. This afternoon the law
yers and stenographer are at Dr. John
son's residence taking the objector's
deposition.
I
PICKPOCKETS ROB
SENATOR BURTON
I
Kansas Man Begged Chicago
Crooks to Be CalmThey
ObeyedIt Paid.
New York Sun Special Service.
Chicago, May 13.Senator J. Ealph
Burton of Kansas arrived yesterday at
the Polk street station. With a satchel
in each hand he boarded a Dearborn
street car. Pour men stood Taehind the
senator on' the rear platform. They ap
peared to be in a great state of mental
unrest, and were arguing and gesticulat
ing with one another, jostling the Kan
san.
"Be calm," advised the senator.
Quiet yourselves, my friends. There is
nothing to be excited about."
At Jackson boulevard the four left
the car. They were calm and quiet,
and Senator Burton was sure his ad
vice had been of profit to them. When
the conductor ^asked for his fare.a few
minutes later and he discovered that
his pocketbook was gone, other, feelings
possessed him. He expressed them.
The postoffice authorities later in
formed the senator that his wallet had
been found in a mail box at State and
Polk streets. Currency to the amount
of $55 had been taken andtwo notes ag
gregating $1,7Q0 had been left, together
with his railroad passes.
--v.-
WINNIPEG JUDGE IS DEAD.
Montreal, -May 13.J. F. Bain, judge of
the court of kings bench, who has been
here for three months undergoing medi
cal treatment, is dead at the Royal Vic
torla hospital.
Showgirl Cheered by Crowd on
Arrival in Washington-
Will Rest Long Time.
Washington, May 13.Nan Patterson,
accompanied by her father and Mr. and
Mrs. J. Morgan Smith, arrived from
New York at 7:20 a.m., and at once
proceeded to the Patterson home on
Columbia Heights, a modest tko-story
cottage.
A crowd awaited the arrival of the
train and the party was soon surround
ed. As the delay continued, the crowd
grew.
When Miss Patterson, dressed in a
costume of blue, with hat to match, ap-
?he
eared, she looked well and refreshed by
good sleep she said she had en
joyed. As she reached the car door,
her father said to a number of news
paper men on the platform:
"This is Nan Patterson.''
I can only say that I am glad to
see you," immediately responded Miss
Patterson, "and that I am. so glad to
get home."
Crowd Cheered Showgirl.
When the carriage door slammed,
the crowd voiced its gratification in
cheers.
When the carriage reached the cor
ner near the Patterson residence, the
impatient girl sprang out and ran
down the block, stopping to hug and
kiss her relatives as she came to them.
She hesitated only long enough to
furryatobrief
ive greeting to each in ler
reach her mother* and rah up
the steps with outstretched arms, and
with the word "mother" on her lipe.
Mrs. Patterson, stood supported by her
husband on the veranda and with tears
Ser
listening in her eyes and a quiver in
voice, said: "My daughter is with
me now. All mfy children are home.
I am so happy.
Nan's father said that altho many
flattering offers of engagements had
come, to-his daughter none had been
considered and none would be for some
time. "She will remain at home and
take a good rest after that she :-will
take up the question of the future."
JOBBER SAYS FARMER
WANTS NO RATE LAW
By W. W. Jermane.
Washington, May 13.J. W. Coqper,
the St. Paul wholesaler and manufac
turer, in a statement before the senate
interstate commerce committee, declares
1' Minnesot a does not want any changes
made in existing laws icgarding freight
rates, as the state is abundantly satis-
fied."
He cautioned the committee to wait
until it could hear from the man behind
the plow before acting. He said the
farmer had not asked for legislation,
nor would he ask for it. "The present
laws afford ample protection for all
interests, he declared.
WAR VETERAN BEATEN
AND SHOT TO DEATH
Lakewood, Wis., May 13.Fred
March, an aged veteran, was beaten
with steel knuckles and then shot to
deatn at the Forest county home of
Mrs. C. M. Hagen. Officers are in pur
I suit of Otto Jeranch* who is accused of
l^he crimr
SATURDAY EVENING^ MAY 13, 1905.
PUZZLE PtOTCKE.
The rooster wonders -why Mr. Bryan, is so pHpfl*&Do you know
r.affaHi^aaM^
4-r
i(
IN MOTHER'S S
Bootmakers' Army Reaches Lon
don, Creates Scene in House
of Commons.
New York Sun Speolal Service.
London, May 13.In emulation of
General "Coxey" and in an effort to
bring their grievances directly before
the officers of the government, 115 men,
"representing the army of bootmakers
"who have been on strike for several
weeks in Nottingham, arrived at Marble
Arch yesterday at 3:50 p.m., after a
march of 108 miles.
From Marble Arch a deputation of
ten men was sent forward to the house
of commons, and an attempt made to
interview Arnold Forster, secretary of
war, but the secretary was absent.
The deputation conferred with sym
pathizing members of parliament, who
agreed to try to move adjournment of
the house in order to discuss the boot
-makers' grievance. Meanwhile Gjrib
-ble, the strike leader, and his com
panions, were allowed in the strangers'
gallery.
After listening impatiently to along
debate on woman's suffrage, Gribble
rose and shotted excitedly, calling at
tention to the object of the strikers'
visit.
It is a heinous offense against the
rules to speak in the strangers' gallery.
Gribble was immediately led out by
attendants. He lost his temper when
brought into the central lobby, made
a rush and attempted to force nis "way
.into the house. Two doorkeepers
stopped him. He struggled and police
men hurried to the scene. It took half
a dozen men to control and eject him.
There was great excitement.
The government Will send an eminent
lawyer to investigate the bootmakers'
grievances.
The marchers ate being patronized
and feted by labor members of parlia
ment and socialists, and are receiving
money from other sympathizers. They
are having a good time In London. They
will start for home on Monday.
WITHOUT "FRAT" PALE,
YALE MAN SELF-SLAIN
ITew York Sun Special Service.
New Haven, Conn., May 13.Disap-
?o
ointment in not receiving an election
some of Yale^'s exclusive secret so
cieties, is believed to be the motive for
the mysterious death of Arthur W
Haserot of Cleveland, who dead body
was found in his room, a bullet wound
in his head. Haserot is said to have
talked frequently of his failure to se
cure an election. His roommates were
all society members.
U.S.MARSHAL OF LAP
FRAUD CASES REMOVED
Washington, May 13^Walter F.
Matthews of Portland, United States
marshal for the district of Oregon,
has been removed by order of the
president. It is understood that this
action was taken at the instance of
the government's attorney in Oregon,
who it is said believed that .Mr. Mat
thews was no sufficiently in harmony
with the prosecution of land" fraud
cases now being conducted in that
Charles J. Beed has been appointed
to succeed Mr.tMatthews.^,
OR
Defective Page
LAST SURYIYOR OF
WAR OF 1812 DEAD
Hiram Cronk, Aged 105 Years,
Passes AwayNew York to
Honor Him.
Ava? N. Y., May 13.Hiram Cronk,
the last survivor of the war of 1812,
died today aged 105.
Cronk for years occupied a unique
place in American history. As the last
surviyor of the first foreign war, he had
been honored by the national govern
ment and his native state.
The aged veteran also had another
unique distinction. Months before his
death and when,he pronounced himself
to be in almostjperfect health, the al
dermen of New York city outlined elab
orate plans for the disposition of his
body after death. Even the spot where
his body would find its last resting
place was selected.
Enlisted When 14.
Born at Frankfort, Herkimer county,
New York, on April 29. 1800, Cronk be
came a member of Captain Edward Ful
ler's company of the One Hundred and
Fifty-seventh infantry when only a lit
tle more than 14. His service was
short, howeverscarcely five weeks
and nearly all was spent in camp near
Lake Ontario. He had hardly "smelled
powder" up to that time.
On the day following his discharge,
while in Watertown on his way home,
there came sounds of cannonading at
Sackett Harbor, where British warships
were attacking the fortifications. In
less than a month he was back in the
ranks, serving with his father, James
Cronk, and "his brothers, John and Cas
par, at Sackett Harbor. There he
served forty days as a private, assist
ing in the construction of barracks. In
November, 1814, he was honorably dis
charged.
Worked as Shoemaker.
Cronk learned the trade of shoemak
er, by which he gained a livelihood for
many years. He was-married in 1825
to Miss Mary Thornton, of Western, N.
Y., and they lived together for 60 years
on the old farm. They had seven
children.
During the last years of his life Mr.
Cronk received from the state of New
York a special pension of $72 per
month, in addition to his federal pen
sion,
The body will lie in state in tho New
York city hall and will be buried in/ ~f
Mount Victory, Cypress Hills cemetery^
in Brooklyn, where more than half a
hundred of his fellow soldiers have been
laid at rest.
AGED WOMAN THRICE
SEEKS DEATH FAILS
New York 8iru Special Bervloe.
Lockport, N. Y., May 18.Mrs. Caro
line Truax, aged 91 years, failed in
three determined efforts to end her life
at Middleport last night. Imagining
her son, Andrew Truax, with whom she
lived, was trying to get her money,
about $3,000, and desert her, she first
cut her throat from ear to ear with a
razor. Her strength failed before she
was able to sever the jugular vein. Her
son caught her in the act and forcibly
bound up her wounded throat. Two
hours later she secured a knife and half
severed her wrist in a futile effort to
.cut the artery an*d bleed to death. Later
she escaped from the house and threw
herself into a shallow creek Wear by,
where she remained unconscious and
partly immersed in extremely cold water
for four house. She was found at
break and attending physicians
she will recover.
J-W
IN THE DR. KOCH CASE
Gebhardt's Memorandum Book.
Now that the trial has ended, it is
notable that one feature which the de
fense made much ado about some time
ago never saw the light of day. That
is Dr. Gebhardt's memorandum book.
The defense called loudly for that, say
ing it might indicate who killed the
dentist. Perhaps among the appoint
ments jotted down therein would appear
the name of the man who went into
the office that night and slew Geb
hardt: or perhaps some one whose name
was down for Nov. 1, 1904, had beard
Dr. Gebhardt say whom he expected
call upon him that fateful evening.
This book was in possession or Al
bert Pf aender, attorney for the execu
tors of the Gebhardt estate. In that
position he could not give over to any
one, least of all to the men represent
ing the man accused of $he murder,
any property of the, estate "without an
order or the eourt. Because Mr. Pfaen
de**was associated with eounsef-for the
state, the defense inferentially charged
that he was secreting evidence that
might vindicate the defendant. All
pear ttat counsel tor the defense ever,
i JJ
asked for it.
Besmeared with Blood.
The book will always be to the rela
tives of Dr. Gebhardt a sad reminder
of his terrible end. It is bespattered
with his blood, and there itpon the
pages, in Dr. Gebhardt's handwriting,
is evidence that he did not know of his
approaching deathappointments with
several persons for dental work extend
ing as far into the future which he
never saw as Nov. 5.
Between the red lines which mark off
the day of the tragedy, Nov. 1, are the
names of three persons for whom Dr.
Gebhardt did his last work. The names
are written in an indistinct hand, as
tho hurriedly. They are as follows:
"Miss Petke, 3 p.m. Mrs. with Mr.
Bate, 9:30 Miss Harvester, 10:30."
The appointments which Dr. Geb
hardt did not keep are noted as fol
lows:
"Wednesday, Nov. 2Baltrush boy,
4:30 Miss Eeg., 1:30 Stam., 1:30.
"Thursday, Nov. ZrMiss H. Miss
Weddendorf.
Friday, Nov. 4:Miss Macho.
"Saturday, Nov. 5H. Kranz."
Nocturnal Visit to Koch's.
Some members of the town council
of New. Ulm who came to Mankato
Thursday intending to testify as to
wjjat they saw or did not see on the
Koch hill the previous evening, have re
lated the story of their nocturnal ad
ventures which they couldn't tell in
court.
It appears that the council had dis
cussed the testimony of Professor
Fischer and certain New Ulm citizens
who accompanied him to the Koch
premises one moonless, starless night
not long since. They decided to make
a little test on their own hook of the
conditions in the cowyard where Dr.
Koch saw the rabbit.
One of the cduncilmen telephoned to
the Koch home and asked if there would
be any objection to the mayor and his
council going up and looking* around.
The voice at the other end, believed to
be that of William Fenske, brother-in
law of Dr. Koch, said he had been in
structed not to let anyone on the prem
ises. But Mayor Silverson and the
cbuncilmen thought they would go up
anyhow and see if they could see what
the Wisconsin professor said he saw.
Warned to Keep Off.
"We got up in Hermann park," said
one of the councilmen, "and thought
were nicely,
+t
darkneso
36 PAGES-FIVE O'CLOCK.
CASE GIVE N TO
JURY AT NOO N
Young Dentist Is Remanded to the
Custody of the Sheriff While His
Destiny Hangs in the
Balance.
(Final arbument for the defease on page 11.)
By W. pT~McGu!re.
Mankato, Minn., May 13.Judge
Cray having charged them that they
should consider carefully. all of the tes
timony and evidence, and from it deter
mine the one question, whether Dr.
George B. Koch killed Dr. Louis A.
Gebhardt, the twelve men who have
sat thru the twenty days of the trial
retired this afternoon.
Local interest in the case continued
until the last. For several days the
sessions have been long, beginning at
8:30, with a noon intermission of but
one hour, and continuing until 5:30.
The arguments of the lawyers lasted
eleven and one-half hours, of which
Mr. Brown, for the defense, occupied
six. Mr. Brown closed his argument
at 11 o'clock, and Judge Cray then
read his charge.
,h
emu i
voice from ou* th warned
us not to step on the Koch property.
We are the lawmakers for our city, you
know, and decided that we should be
law abiding, so we retreated to the Her
mann monument and went into commit
tee of the whole.
"Someone proposed that we approach
as nearly as a reasonable interpretation
of the law would allow to the-cowyard
where Dr. Koch saw the rabbit and
make our tests there. But an unfor
tnuate accident interfered. Mayor Sil
verson, by some strange mischance, lost
his cap. We had gone on before, and
were startled by his cry.
A part of the committee on street
lighting and a'part of the committee
on paving followed the sound of his
honor's summons. In a hoarse voice
Mr. Silverson explained his loss. To
gether the mayor and the detached
parts of the two committees prowled
around after the cap. There were the
lights of the city in Ihe valley below,
ox course, but that cap could be se%n
nowhere. v^ 'jv&>'-$
Gray Cap Never Found.r .:i
"Mr. Silverson said that since it was
a light gray cap, and not so dark as'
the rabbit Dr. Koch saw just over the
-7.J.*
scrutinized the ground for yards
around. The moon came out from be
hind a cloud as tho to aid us in our\
search. But no "use. We never founds"- -i'f
that gray cap.''
Koch In Sheriff's Charge.
When the ^ury had retired, Judge
Cray, on application, of the state, re
manded Dr. Koch to the custody of the
sheriff. The defense did not fight the
order, but contended it was entirely un
necessary.
Judge Cray advised one of the jurors
that he would be near to receive a ver
diet until 10 o'clock tonight, and also
until the same hour on Sunday night.
JUDGE GRAY INSTRUCTS
Jury May Not Convict of Less Than
First Degree Murder.
Special to The Journal.
Mankato, Minn., May 13.Judge $
Cray's instructions to the jury werer V*
given immediately after Mr. Brown fin*
ished his argument, and were, in parti
as follows:
I need scarcely Impress upon you the
gravity and seriousness of your duty upon
this occasion., because you must already
understand that there rests largely upon J*
you, the responsibility of doing exact jus
tlce between the people of Minnesota upon
the one side, and the prisoner at the bat
pi this court, charged with a must ^revi
ous offense, upon the other.
Upon one side it Is your duty as good i\
citizens and as jurors, to see to it that i
the dignity of this state is maintained,
that its people secur in life and limll
from the unlawful vlolenc of any person,, i-\,
to see to it tha* the willful taking of an
innocent human life is met with proper
punishment, to se to it that homicide la ~~4
met with due retribution, swift and sure, *-.M|
and to see to^it that the laws of this
commonwealth for the protection of its
citizens are promptly, willingly and cour-
o"?^"JWJe
fi rriA ntna*na On the hand it is as well your
duty to see to It that no Innocent man
shall suffer punishment to see to it that
the laws of this country, enacted for the
protection of all its people, are so admin
istered that every man may rest secure
in the assurance that if he is Innocent
of crime, he is absolutely safe in tha.
hands, of the law and that the strong
arm fthe.law is thrown as a protecting
shield around every' man, whatever or
whoever he may be, provided only that he
be innocent of wrong.
Take with you to your juryroom these
injunctions and do your duty thoughtfully
and honestly, with an eye only to the due
administration of the law and let the con
sequences be what they may.
Do not allow yourselves to be swerved
one hair's breadth from a straight line,
elthr by popular clamor, publio sentiment\.
or human sympathy.
Be governed in your actions by your
own conscientious convictions as to what
is right and what is wrong, and If you
err, the fault is not with you.
judge Cray then repeated the indict*
ment upon which the defendant if
being tried, and continued:
The defendant. George R. Koch, has
entered his plea of "not guilty" of tha
crime so charged against him, and it 1*
for you, under the Instructions of the)
court, to determine the question of his
guilt or innocence.
At the outset, in this, as in all othaf
criminal cases, the defendant Is presume*!
to be innocent of the offense with wnJcli
he is charged until he is proved to b
guilty.
In order to Justify you In finding bg.
your verdict that the defendant is guilty.
it must appear by the evtdnce Introduce^
upon the trial, beyond a reasonable .doubt,
that the defendant is guilty of such of
fens, and If the evidence falls to satisfy
your minds as reasonable men. of the de*
fendant's guilt, beyond a reasonable dedfe^
then It is your duty to acquit the de%
fendant.
No Presumption Against Koch.
It is incumbent upon the prosecu^i
to prove every material allegation of the
lndictmnt as therein charged, beyond
reasonable doubt nothing is to be pre*
sumed against the defendant notwtth*
standing the fact that he has been Sa~-
dieted, the law presumes him innocent
until he is proven guilty beyond a reasfn*
able doubt of the defndant's guilt, then
It is your duty to acquit him.
If it is possible to account for the desfJl
of the deceased Louis A. Gebhardt upot
any reasonable hypothesis other, than thajfc
of the guilt fthe defendant, then it lis
your duty to so account for it, and fla#
the defendant not guilty, even tho the
evidence is so strong that it demonstrates
the probability of the guilt of the de
fendant.
What Seasonable^ Doubt Is.
fence in the cowyard, it' must be an^ho are bound to act consclentteugly'
easy matter to find it/" But contmijed[TOwn- it, the~+he- i*wil^tt^*^t&C
fguas* witd the s*ys* to wps-U'i'mit' '.iMmMunMnnini
woa ths others of the party. We gll| Continued on 2d Page, 6th Cotum:
What is a reasonable doubt, within the
meaning of the law? It la not a mere po*V
sible doubt, because everything relating
to human affairs and depending upon
moral evidence, is open to some pdssftle
doubt. i
A reasonable doubt is that state of the
case, which, after the entire comparisflii
and consideration of all the evldeao*.
leaves the minds of the Jurors irf that
condition that they cannot say that thef
feel an abiding conviction to a lnong
certainty that the charges made are trtifc
Absolute certainty is not required 1$
order to Justify the conviction of a per
son charged with crime, but when this
evidence establishes the truth of tfcje
charge against the accused to a mon
certainty, a certainty that convinces ant
directs the understanding and fully satr
isfies the reason and judgment of thorn1
1!
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