Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-11-12

how pathetic II was; this young girl the object Of
contempt because, forsooth, she was Chamber
maid
Counsel drew touc hing picture of the party as
they stood billing and cooling like sucking doves, on
Sir tn street the fatal evening. He then referred to
Lsrkin, DAILY and Carr. Oarr he characterized as
miserable, ignorant and unfortunate: Larkin az
eotins deserved justice In the midst OF his wrong
doing and sin.
Couuse hs d sons whom he wanted to see grow up
and MI place IN the community, but ne hoped.
should they start out with such intentions, that
they would never come back again: the man who
sought the society Of abandoned women was para
by the side of the whose corrupt heart took
delight In reviling and traducing women The worst
passions of these young were playing In their
breasts; what shameful thing human nature Is
this; they had pick ed mp girls early in the even-
g, but their shameful lust had not been sstiaed
they had tipped at saloons and drank liquor to
| lust. They acknowledged that after their
meeting on Sixth street they had
returned with the intention Of having night.
Was 1t unnatural that having been sssaied with these
opprobrious epthets that Burton should go back to
demonstrate Counsel described the combat aud
maintained that according to Carrs testimony the
thrown himself forward to mot the thrust. There
was no evidence to show that il a direct thrust:
the physician testified that thrust would be mpos-
sibe according to the relative positions OF the men,
but that 1t lateral ont. DAILY swears that Lar
kin went ug with club, this shown by the testi
mony for the State. Daley corroborates the defense
Carr both struck at Burton; that they advanced to
Burton and that the la ter did not advance to meet
them. He said, Gentlemen, don't want any
| trouble with you, am a stranger %
After reviewing the circu instances of the hight at
length. counsel said that the prisoner was the mere
instrument of justice; it true that the comnun-
ity WAS waiting for verdict In his case it watt
lug for vsrdio shall it SAID that murder had
heen done that it had not been done? If the yer.
dict should be that no murder was done, then let the
defendant be q ested with chspefs of roses and the
ind rda M hf-f a
done, then let the people be clothed In black and fall
down in sorrw at the violation of Gods just laws
If the jury came back with deadly apr rehensi
their whie faces might hey feel the anguish
perienced by the doomed heart Of Burton. On the
other hand, the thrill of JOY the rushing Of delight
the thought of freedom Counsel closed by en-.
plos ing fine snile Of fgurasive speech.
TAE cHAaes
Jsdge simcns then delivered his charge to the
jury which was learned and mastery review Of the
law in the case. He said the defendant stood &C.
cused of murder in the first degree; to this indict-
ment the defendant pleaded not guilty; this tre-
mendous issue, gent emen. is to be decided by you.
In the outset desire to call your attention to some
of the cardinal principles Of law. Every man Is
sumed to be innocent Of crime until the contrary is
established beyond q reasonable doubt This rea-
son of doubt is not mere imaginary donbt; sbso-
Lutte certainty cannot be asked for. The circumstan
must be such to satisfy and convince the mind
OF reasonable man. that Is the test to be applied
In thu The court then referred to the atutes
of the State and to the degrees which he could be
convicted. The jury were the exclusive JUDGES of
| the evidence and facts Of the case. They should
give it the weight and evidence 1t deserves.
What distinguished murderin the first degree was
that it implied the premeditated design to effect
death; this must appear beyond reasonable doubt
before the defendant could be found guilty; lapse
of time between the design and execution Of the act
was not contemplated by the law; when the mere
fact Of killing is proved, the presumption that
the killing was intended; but premeditated design
implied more; where the killing had not been pre-
meditated there was murder in the first degree.
The Jury instructed in what constituted justi-
fable excusable homicide acco ding to the laws
of the State If the prisoner had to suppose
that his life in jeopardy by The approach of
kin; If the latter was armed, and approached the
prisoner as if to threaten his life, then the latter
was justified in acting the appearance
mere insults or words were not sufficient to excuse
homicide. Judge Simons gave an exhaustive review
OF the statutes Cove ming manslaughter, defining
what conf tituted the ense and applying the stat
Ute at length and with extraordinary miuuteness
and care. In considering the question of good
character sid that conduct conld only be considered
previous to the act, showing thata mild, gentle
person who had lived quiet life would net be incon-
sstent enough to depart from it the spur of the
moment. The court dwelt long and learnedly on
the theory of sefdefense, defining the term in all
| its applications
The given to tn g jury at 40 o'clock snd
| conrt took a recess until 4 O'Clock.
At O'Clock the jury had net agreed upon verdict
and further recess was taken until O'Clock. At
fixed O'Clock the hour at which he would receive
the verdict. Nine O'Clock came and still the jury
were out with no prospects Of agreement. They were
left to wrestle with the case night, and the
chances favor disagreement. The result will be
| known this morning