Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1883-11-01
SENTENCED FOR LIFE.
from Wausaa Central

great murder trial. 1t is a very able
as well as voluminous document, and
the Central Wisconsin takes great
pleasure in being able to present it to
its readers.
JUDGES CHARGE TO THE JURY.
Gentlemen of the jury The de-
PENDANT at the bar has been informed
against, arranged, and is on trial
before you for the crime of murder.
It is charged in the formal language of
the information against him, that he
did, on the 23rd day of September, in
the year 1882, in said county being
the county of Taylor, friedrich Viii
liams did, with force and arms, wilful-
ly and felonously and of his malice
aforethought, assault, strike, beat,
bruise, and mortally wound with a
club, then and there in the hands of
said Friedrich Williams, in and upon
the head of one said Thomas Skerbin.
with and from the premeditated de-
sign of the said friedrich Williams to
effect the death of said Thomas
Skerbin, of which mortal wounds in
ficted as aforesaid, the said Thomas
Skerbin, in said county, on the second
day 3of October, A. D. 1882, died !;
and the said Friedrich Williams, in
manner and form aforesaid then and
there did kill and murder the said
Thomas Skerbin against the peace
and dignity of the State Of Wisconsin.
The crime charged against the de-
PENDANT is murder in the first degree.
Murder in the first degree is defined by
the statute law Of this State to be
'the killing of human being without
the authority of law, by poison, shoot
ing, stabbing, or any other means, or
in any other manner, when perpetrated
from premeditated design to effect the
death of the person killed, or of any
human being" Applying this
definition to the case before US to
justify the conviction of the defend
ant Of the crime of murder in the
first degree, it must be satisfactorily
established by the State, not only that
he unlawfully and felonously took the
life Of the deceased, but that he did so
pursuant to premeditated design to
take such life.
Every person charged with the COM
mission of crime is by law presumed
to be innocent, and is entitled to be
acquitted, unless such presumption of
innocence shall be overcome and his
guilt affirmatively proven beyond a
reasonable doubt by the evidence
given upon the trial.
In this case the prosecution insists
and has introduced evidence for the
purpose of showing that at the time
and place mentioned in the informa-
ton, the defendant inflicted blows
with a club, or other blunt instrument
or weapon, upon the head of the de-
ceased, and thereby occasioned his
death, and that such blows were so
given pursuant to design to accom-
plish deceased's death.
You must find from the testimony
beyond a reasonable doubt that all
that is here charged is true, or you
must acquit the defendant of murder
IN the first degree. It is not enough
to convict the defendant of this crime,
that be killed the deceased, as in a
quarrel or ARRAY, and in a sudden
heat, or unintentionaliy, while at
tempting to perpetrate some other
crime, but it must be proven that
the killing was pursuant to
a purpose to kill deceased without
such purpose to kill deceased, without
premeditated design to effect the
death Of the person killed, an
essential and indispensable ingredient
Of the crime Of murder in the first
degree is wanting, and a conviction of
the latter crime cannot be rightfully
or lawfully had.
AS [ have said the information in
this case charges the defendant with
being guilty of the crime of murder
in the first degree. This crime may
be said to include several lesser
crimes that is to say a person
charged with the crime of murder in
the first degree and placed upon his
trial therefor, may, if the evidence
warrants it, be convicted upon the
same information and trial of homicide
of less grade or degree than the
principal one charged.
In this trial, though the defendant
is upon his trial for murder in the first
degree, he may be convicted of that
or of any felonous homicide upon the
body of the deceased. which the evil
dence shall satisfy your minds beyond
a reasonable doubt, was perpetrated
by him
1t is the theory of the prosecution
that the defendant took the life of the
deceased, and that the motive therefor
was purpose to rob the person OF
deceased of money had, or suppos-
ed to have been had by him. If de-
ceased was assailed by some person
L