Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-11-22

Witnesses-Judge Wilkins Charge---A
Stay of Ten Days Granted.
Attorney Hall made his final plea to the
jury in the Munster murder trial yester-
day forenoon, occupying about an hour
in his remarks. There was a crowded
house and thorough representation of
colored citizens present. He dwelt upon
the solemnity of the trial, the mistaken
testimony of the defense in regard to the
accident and the dying statement
of Ella Patterson, and upon
the contradictory evidence brought
forward by the state. He remarked upon
the great efforts of the county attorney to
convict and the habit of the police, en-
gendered by their profession, to s'send
people up'' whom they arrest, and their
taking pride in so doing. He explained
with the fatal pistol, from which the car
tridges had been drawn, how it exploded in
Hunster's hand as he took it from the
table, and made decided point as to the
shot being accidental by showing
that the peculiar position in
which the pistol was held wouid make the
ball enter the groin of the deceased, and
showed the fallacy of the prisoners shoot
ing her there if the shot was Intentional.
He mercilessly dashed the appearance of
Eliza Hall on the witness stand, in whose
eyes we're, he said, the lurid lights of hell
itself, and who was an adept in lies, and
who crossed and re-crossed with them like
fox when in danger of being cornered.
He dwelt on the fact that on this stand
stand witness asserted that he
(HalD, who was defending
this man without reward because he be-
lieved him innocen-the had accused
him of offering her 500 to disappear be-
fore this case came on, and then denying
it was him and asserted it was some other
man offered her such bride money. Would
the jury put confidence in this conflicting
testimony of woman who had
lived all her life in the
vilest sink holes of Chicago,
a Joliet jaiI-bird who had served a sentence
for embezzlement there, and was intent,
for some reason, he knew not what, to in
vent lies to swear the life of this prisoner
away? This woman swore 30 roundly that
it was the intent of Munster to shoot Ella,
but who could not swear that Lou Davis
kept bad house in which she acted as
cook, and who said they were colored arts
tocrats in that house.
The counsel then adverted to the char
acter of the accused, saying he
was trusted friend of Paymaster
Hollister, of the North Pacific road
and was trusty companion and servant
on this car where the paymaster, standing
high in the estimation Of his company,
paid out millions of dollars. Rollister
and two other witnesses had given the lie
direct to Halls assertion that Ella held the
prisoner guilty of intent to shoot her in
her death-bed utterances. It had been
stated that Munster was cold FLOODED and
selfish, but his acts towards the wounded
woman when he lay in jail by seeking to
succor. her through his employer Holl1ster
and unmindful Of his own position gave
the falsehood to that assertion.
With home shot at the counsel for the
state for not obtaining the legal evidence
of the dying woman, instead of relying on
the testimony of his fend witness, the
counsel closed by stating that the defense
had built up its case on the conflicting
evidence produced by the state, as on ada
mantine rock.
THE CHARGE TO THE JURY.
After recess of half hour, and fur
ther delay over a mistake of the counsel
for the defense, who thought the court
had adjourned to 2 o'clock p. m. and
had to be hunted up by the sheriff, Judge
Wilkin charged the jury. He did not re-
view the evidence, but defined the matt r
of murder in the first d2gree and man
slaughter under four different heads, be-
ing more explicit as to manslaughter in
the and second fourth degrees.
he said there was serious conflict of
testimony in this case, and the jury alone
must be the judges of who had
told the truth. He read
several charges to the jury which had been
asked for by the defense, the most of
which he had previously covered in his
charge, but which ne carefully went over
and with full explanation. He stated that
in reference to the dying statement of
Ella Patterson the law regarded such in
the same light as an oath, and that the
jury should so consider them, and he con-
Guided with the caution that while the com
munity demanded its preservation to the
punishment OF proven crime, it was equally
essential that the full rights of the accused
should be protected, and that he must have
from them the full benefit of
all doubts. All men were equal
Delore court OF Juslces as this man, not
withstanding his color, race and circum-
stances, was here in this court the equal of
the highest person in the land.
The jury retired at l p. M, but ca me in
at about o'clock for a repetition of in
struciions from the court in regard to the
different beads constituting murder and
the criminal acts on which they were
based, and retired after they were repeat
ed as given in the original charge.
THE VERDICT.
at 5:15 they again returned with the
following verdict: "We find the prisoner
not guilty for the crime for which he was
indicted, but guilty of manslaughter in
the second degree"
They were then discharged and the
counsel for the defense asking a stay of
proceedings for ten days it was granted by
the court.
On application of the county attorney
before the court adjourned it gave an
order that Eliza Hall be paid the sum of
$50 for expenses while held here as a wit
ness for the state which with her mileage
swelled up the amount paid her by the
state to the region OF $3.50.
THE PENALTY
For the crime of manslaughter in the