The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1885-11-05
THEINTEREST INCREASING
Crowds of Very Attentive
Listeners.

OOWuO VI tOty AltoulIV6
Listeners.
Court Scenes and Incidents.
IRON Mondays Daily.
ThlEeeunah Day.
Everybody W1s anxious 70 hear Judge
Graves delivOr his charge TO the Jury
and the crowds II and around the court
house are iully e large to-day a. Il any
presiding day ~ IA WAlkup trial.
Pursuant ~ Adjournment court Oman.
Cd promptly 6 = O'Clock and the defend.
Ans Wa bsouaht in TO court. She
was looking yeEF mach rested after her
Sundays vacation. end appeared able TO
20 through anqhes week of trial, II
necessaEy. HoT mother and Miss MARY
jay followed hsf closely, and took their
irrespective SeAls.
Judge 6rAFes announced that he
had revised hi Instructions. act
ling % far - in the judgment
OF me court It Waslaesmed necessary on
the suggestions naes b. the counsel on
either side. Afttr some discussIon
among the Attornsy, - 70 the limit 70
% put on the aEgunhnis. II was decided
20 begin arguing to-day without any
Limitation, and II ths court wished 10
plaza Restrictions on as tfms occupied
BY the speakers. he should do 40 afsar
the arguments had begun. The Judges
idea is 10 have the Arguments concluded
By Tuesday evening.
Judge Graves then iussruetsd the inrv
- follows:
The State OF Kansas,
Plaintiff,
Minnie S E:3I:s: y;.llop. l'''''''''''
oeatlemen Of thsSury.
1. Its charged In tie iDEormahcn
that the defendant, on o. about tie 20Vh
gay Of ApguSt, iee2 at u
sAs, did TIliiully, deliberately
premeditatelS, and with malice aEore-
thought, klll and murder one j. r.
Walkup by administering 70 him dead.
" poison, to-Wit stryUhni6e and AEsOn-
&c.
2. The legal meaning Of murder a.
used IN the tnformAtl0n, and e applica-
BILE 70 the facts Of this case, Il the unlaW-
tut killing OF another, with malice aEore-
thought, and is divided into two de-
greea.
3. ANY murder which Il committed by
the use OF poison, 10 murder In the first
degree, and this Il the offense with
which the defendant stsnds charged In
thu case.
4. Malice aforethought, e used In the
Information does not mean hatred, spite or
mAlevlolenCe toward the deceased mere
lY, but II is understood 70 mean and char.
acterize that wicked condition of the
mind which causes people 70 knowingly,
Intentionally and waneonly do . wrong
full act without juas cause or excuse.
D. II you believe from the evidence
that the defendant Minnie Wallace
Walkup At the time and place named
IN the information, knowingly and III
Ientionally administered poison, to- wit:
arsenic, 20 ). n. WAlkup, and II you
further believe from the evidence that
the said ]. r. Walkup aforesaid died
from. and because Of the effects of said
posoon 20 administered, then Il will be
your duty 20 ind the defendant guilty
u murder IN the hrst degree. II you
do not % believe, then II will be your
duty 20 acquit her.
g. In your deliberations you will con-
etsnty bear In mind and be guided by
the following nxed and long established
rules: ~ The burden of proof rests
upon the prosecution and does not shift
or change to the defendant In any phase
Or stage of the case.
III. The defendant 10 presumed
20 be innocent Of the charge
made against her; innocent Of
every act alleged 10 have been done, aud
Innocent OF the guilty intent, and this
presumption remains and continues In
her favor, and furnishes her with com
plete protection until the crime charged
and every element and ingredient there
of and the defends ants guilt Of the same
has been established by the evidence be-
yond Q reasonable doubt
III. The jury are the exclu-
Give judges OF the evidence, of It's
weight ana Of the credibllItY OF the wit
nesseS. It Il their duty TO accept and be
governed by the Law as given by the
court IN its instructions.
~. In determining the credibllity Of
any witness. you may consider the inter-
..,Is ~. =. - 49, - -"I.-SN 20 20 eu0
ms y. ~. olas oI Pseyuoi Any,
% sess sue peIy tHr whom sucn
oss Sesunea. me IntoIllRence, mem.
oty ~ PoWers on OBSERVATIONS OF such
~soes,, nls OF ner manner OF testifylng'
~ oI ner appearance ana oemeAnor on
tne Muneas stAno, ana the general re
ssonAolenesS Ano consissency Of the eestt-
moay gwen, ana any other fact or cir
clmseAnce DISCLOSED oy the evidence
WHICH may 20 your minds ADD 70 or de-
Wei Iroe me creoioiIity OF such wit
ne1S
". Ing law prcsumes every person 70
lnteno ING neSursi and ordinary conse-
qusnces OF Ms OF ner acts.
VI. yoo believe that any
itne9 ~ wiilIulAy ana corrupt
tIune1 falsely 70 any
me.etlA tect. Snen you Wall oe AZ liberty
70 oisregAu Ine whole OF such witness
te,nmoGy.
vi. AZ - ot.en Necessary Is In tnl1
cAselor me seAto ~ tssoIt IosAno ana rely
upon clIounsSAnual evidence. and g
tnen - popular impression 10 the eI'
Iect mai u 10 oAngeroun 70 convict upon
this class OF evidence alone, which i'm
preesloo may possibly be present will
some OF you, deem II proper 70 say
that the law does not 90 regard it, bu
on the contrary when circumstAntial eVi
donce IL OF Auch character as TO satis
~ the legal rule concerning IL, the right
OF The defendant Will be ae full,
protected and . conviction there
On will certainly be ~ juss, q
Wheo founded upon the most direct an