Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1868-01-08
MOI 10.
ceeded TO charge The jury. He said ~


,Frii."G GENTLEMAN OF rTHa JUBY-This long
and Interesting trial approaches It's close
4 You have listened with, palience, ano
treasured in your met1ory the facts IN The
4 case. Counsel for the state and prisoner
khaye disch harged theirrduty with unusual
ability | have discharged mine SO far.
i have another duty TO perform; to give
'Fsuch Instructions as. / thlpk ptopar. It
lis then for you to determine the case
from fhe law and testimony, as your IN
Il hearts you beEieye the truth to be.
This case comes from jefferson county
on change Of venue, on. account of pre-
IjudIce alleged to exist against the prisoher
there. If; at4be time the supposed mur-
4 der was aperpetrated there was any undue
feeling against or in favor Of the prisoner,
and, if it has followed him here, | hope it
VIII have no iufdence upon YOU Il it
iliias intrud13 itself into The court room, 1
Ehope it will not enter the jury bexs7 Ii
there is a. place. on. earth where man
should stand erect iu lis manhood, it is
the jury box =''''
La determining the facts, you have the
whole possibility | have none
have no desire 10 impress my views on
the jury, if | have any. Ii [ speak plain
! iy of The nature and enoImity Of The crime:
| if, in stating a fact, it seems TO have a
bearing one way or the other,--it is from
no wish 10 influence your1j Judgment upon
the facts Lhsve no such desire. >. a.f
The. prisoner at the bar, j. Jpseph
Schtepf, is charged with deliberate and
| wiful murder,-a crime the highest in the
whole block catalogue of crime,-a crime,
as Blackstone. expresses il, at which hu-
man nature starts,-one that appalls; and,
wiiasn clearly proved, no misplaced Or fslse
/ sympathy should lead US to screen the
murderer gor To- hesitate. for one moment
to pronounce the verdict and gthe penalty
Of The law, terrible as it. nay be. Tins
every Consideration demands
HTheE crime. with which the prisoner
stands charged is not only murder. but
the murder of his father. Il is parrcide
! Did be do it Does the testimony fasteu
! upon him the guilt of such great crime
beyond reasonable and rational doubt? l.
SO. the solemn oath that you haYe taken
TO reuder a verdict according to the law
and the evidence; the protection Of others,
by the terror ofexample and the dread OF
| punishment, from the hand Of violence and
murder; and, above all the situation Of
! his mourning mothea his weeping sisters,
and his lirrls brother, d9nnaud that the
murderer Of the husband and father shall
not be set at liberty, to again sit at the
freside and the hearthstone, at the same
table with themselves. For, gentlemen,
| if this young man, wiifu!Iy, deliberately,
and of his malice aforetbought, murdered
his father, disposed Of the body as it is
charged, and At the time, and during the
search, and when the remains were dis
covered, conducted himself in the manner
he did, we seaach the annals Of crime 10
vain, from the time of the first recorded
murder,Athe murder of a brother by a
brother,--down 10 the present time, tof a
parallel in the history of crime to this ir
some of It's features. And, in my judy
ment, if he be guilty, hon might as wei
be turned loose in the pathway of this
family and upon society as he, so far, a
least as any OF. them might stand between
bin. and an object that he desired to gain
or an end he might desire TO accomplish
PAnd the mistaken or misplaced sympathy
upon the partof the jury, chat would turr
him loose if he be guilty, or upon the par
of the coult, counsel, or the community
that would sanction it, would turn loose
f8nd -incarnate 10 sit around the board ant
heaithstone of9helr family. to strike drea'
; and terror 10. the neighbortood where h
-, would probably relurm, and endanger th
f peace AID safety Of society. [ have. gen
tlemen, and you have, none of this mis-
: placed and mistaken sympathy, which, |
: TOO many cases, has prevailed IN our moo
: ern, and more especially in our Wester
;, Civilization. in the aequttai Of murderer
4 s But, gentlemen, because the prisons
! is charged with such a great andhenatun
= a crime,-so appalling in many Of lis fe
20 lures and attending circumstances as
as make it almost impossible to befeye,-b
- cause the consequences of a conviction a
$50 terrible, are reasons why it should
Io the more clearly proved. TO. convict I
:, prisoner if ne is innocent would be
,Ia greater misfortune to him than any 9th
~ 's7 that could befaI him. You know wi
~ follows, Imprisonment for life in t
~ I penitentiary,- doom far worse than he
~ ,an orabIe death, and, in my judgment, as t
~ y, rible as death upon tha scaiIod. TO Il
u, ~ a verdict of guilty of murder consig
Man Wv him. Such verdict ought most certa
~ ~ ~ not to follow butaupon the cleareat N
'ro satisfactory, aud convincing testimon
his ough' nos 70 'oiio" ~ io'iS 90 - .;,
i 'o - doubt.ean be entertained Of his guilt;
fho rather, not until it clearly and satisfacto
,.aJ appears beyond all such doubt that b