Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1867-12-25

z. 10 warrant a conviction of murder
in this case, there must be direct proof of
the death of Charles Schnepf, either by
the finding of the body and identifying it
as his. remains, or. by establishing crimi-
nal violence inflicted, adequate to pro-
duce death, and exerted in such a man
ner as to account for the disappearance of
the body. e-ss 1s
3: 1t will not do to presume from cir
cumstances that an absent personi is dead,
and then build upon that the further pre-
sumption that such person has been muir
Idered .s1 $50 a7 aaeseas fag .as.-.
4. To warrant a conviction of murder
IN this case, the evidence that Charles
Schnepf is dead must be certain, such as
to leave no room'for the existence OF any
doubt whatever that he is dead. The
proof must. be, such as to exclude.to NOR
al certainty every other hypothesis but
that of the guilt of the prisoner. The
proof does not show this, where there is
the least uncertainty as to whether
Charles Schnepf is dead or not eg e.3 ac
| 8. A conviction for murder ought never
to be permitted, unless he killing be pos
itiveiy sworn to- or the dead body be
| found and identified n~ I'D veH. So - zs
6. ID identifying the remains of the
deceased. if they are mutlated, the pros
ecution must clearly and satisfactorily
show that they are the remains of hui
man being, and of one answering to the
sex, age, and size of the deceased; and
the agency of the prisoner in their mu-
tilation; or the jury must acquit the pris-
oner.' .s an Esh 565E So = a5s35= 2 ~
Z. If the jury find that no direct edi-
fdence of the death of Charles Schnepf
has been given, no conviction of murder
can properly be had or allowed !; and in
that case the jury is instructed and ad-.
vised to find a verdict of not guilty. Esa
Ea 8. In addition to fully establishing the
death of Charles Schnipf by direct, pos
tive evidence, the prosecution must prove
/ beyond any reasonable doubs that the
prisoner committed the act producing
death, with a premeditated design to eff
feet his death If, upon full and fair
consideration of all the evidence in the
case, rational doubts remain in the minds
of the jury, it is your duty to acquit the
prisoner. ,'"..5.#s .s"#
9. All testimony relating to discolora-
tlons, or spots claimed to be blood, and
all testimony relating to earth claimed to
! be saturated with blood, or other animal
Substances, must be disregarded by the
jury, unless the proof shows that such
and substances have been
subjected to the proper chemical and
scientific tests, and their true properties
determined thereby. 's.' .''7'.' lss s
10. .Fhe pris ner is assumed to be In
noccnt until his guilt is fully proven by
competent legal testimony.
MIR. Williams read largely from the
People Us. Rulloff, reported in the Sd of
Parker's Criminal Reports.
During the reading the court took a
recess to 2 o'clock. -
f. 2 2. MN. Williams continued read
ing, with view OF establishing the legal
proposition embodied in the first instruc-
ton asked: that the proof of tie corpus
ael,ctt m ust be direct. 80
b He was then interrupted by the court,
who remarked that he entertained no
doubt of the correctness of the rule as
applied in the reported case, in which the
body was never found; but he diserimin-
ated between that and the case at the bar.
in Whit human remains had been found.
/ Mr.. Williams--Yes, your honor, but
the finding of the remains of some ha-
man body is not sufficient. 1t must be
the body Of Charles Sehnepf: There is
no such evidence.of indenticasion in this
case. The Identification is the important
point. The rule is, that the death must
!, be establ she'd by direct testimony. The
proof of human remains, being found in
no way satisfies the rule, until these re-
mains are identified
/ The learned counsel then addressed the
jury. f., ..... ..,.a -.
In answer to the remarks of Mr. Wey-
mouth as to there being no prosecutor, as
is usually the case when the son becomes
the avenger of the father, or the father
of the son., he said that the sheriff of j eff
ferson county had brought his great ex-
perience and skill to bear in aid of the
prosecution in getting up testimony for
the state; that, on, the other. hand, tbs
prisoner was confined in Jail, having no
friend to aid him; and that, even at the
trial, the official power of Jefferson coun-
ty was brought to bear to embarrass. the
defence in procuring testimony for the
prisoner ii ..a..s.-... z... -, r.
! He complained that the district attorn
ey failed IL. his argument to develop their
theory OF the case, not, even enlightenine
them as to- the particular time or place at
| which the homicide occurred, or in any
way given them the usual opportunity OF