St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-17

AUGUST oYs,
the accused, was the first witness. He
gave his testimony in a straightforward
manner that indicated that he was telling
the truth without any attempt at palliatiOn.
He was viSibly affected. and when he left
the stand tears tricked down his cheeks.
His story was substantially as follows:
| am q years of age; have been here two
years; have been cooper since L was IL
years old; | went to the shop at 7:30 on the
morning OF the tragedy; shortly afterwards
Norton came in very angry looking and came
up to me and asked for his dinner pail. and
wanted TO know why ! made fool of him;
] said that others had madea fool of him; he
then struck me in the mouth with his fist
and | staggered back against the block. |
threw up my hands and tried to push him
OFF, but he was stronger than me and got
me down and pounded me in the back of the
neck until the blood ran out of my mouth.
| 90 scared, thinking he would kill me. and
~ save my life l caught up chlmb
EiFl laul and struck upwards once, and
jtls zen struck two rapid blows with the
Il naul in a horizontal direction, or nearly
LAM }. The maui is a short club of hard
HIN God, and is used in the cooper bust
Ek ~ aSs. When Norton stopped pounding
HtT G l stopped striking back. His hat
FIFTEEN on my bench and l handed it TO
EM i'm. put one more hoop on the bar
HhiV i upon which l was working and
Hln ZEN went to the police station and
KILL I'VE myself up. Norton and l had
EH9 ways been friendly, and it took me
W. completely by surprise when L saw he
was mad.
Being asked why he struck more than
once Oys replied: II was frightened and
excited, and hardly knew what l was do
Ing"
THE PRISONERS REPUTATION.
Mrs. James Colman, at whose house Oys
had roOmed for some time, testified that he
was strictly temperate, had always kept
good hours and was peaceable. Thomas
FlanneTy, secretary of the Cooperative
Barrel company; .. Y. Dahl. treasurer;
A. J. Pond. foreman, and Henry SchmatZ,
a director of the Northwestern Barrel COM
pany, all gave Oys credit for being indus
trious, sober and good-natured. Mr.. and
Mrs. John Kennedy also said his reputa-
lion was of the best.
IN SUMMING UP
County Attorney Davis seemed disposed to
leave the case pretty much to the judgment
of the jury. While seeking to impress the
Jurors with an idea of their respons bility,
and the enormity of the crime of killing a
fellow being, he did not ask for vengeance.
He did not desire verdict of murder in
either the first or second degrees. but
thought he should be found guilty of man
slaughter, which would be justified only on
the theory of self-defense.
Il haven't a word to say against August
Oys," said Mr.. Davis. God knows pity
him as he sits at this bar to-day in his
young manhood, but pity is not in this case.
There is no language in my mouth to say
one word against him. Though his char
acter may be stainless, he is none the less
guilty of this crime. You may pity this
man as do but remember there is the evil
dence, as he has told it, and he should re-
ceive some punishment for his crime The
only question for you to decide is whether
the defendant shall go free or be punished
i'll the degree for which he is guilty.
THE DEFENSE.
j. G. Worrall, in summing up for the de-
Tense, made an effective plea. He reviewed
the case briefly, showing how Norton came
to Oys berth on a run, accused him of
something he hadn't done. struck him in
the mouth, and when he tried to turn away
pushed HIM against the bench and pounded
him on his neck. His maui laid close at
hand and he picked it up and struck back,
not thinking or knowing Just how hard.
He only felt that he was being assaulted
by an angry man Oluef ana stronger than
he, and that he must defend himself. Had
he really intended to kill Norton why did
he not pick up the ADJ or the knife that laid
within reach?
JUDGE KooN'S CHARGE
was very brief. he simply explaining the de-
grees of manslaughter and the evidence
which would warrant a verdict of acouittal
on the ground of justification, saying: The
case has been conducted tersely and with
out interruption, and the facts are before
YOU to pass upon them. 1t is familiar
rule of law that the prisoner is entitled to
the presumption of innocence, and that
stands as a shield to him until the evidence
demolshes it. The fact that person has
been killed. and even Intentionally, does
not necessarily make it crime. 1t may be
done in self-defense. While the state had
not asked for verdict of murder in the
second degree, the court hardly feels justi-
fed in instructing the jury that they could
not bring in verdict in that degree. You
cannot find verdict in the third degree. be-
cause there is nothing in this case to war
rant such a verdict"
The jury retired at twenty minutes to 1
o'clock. and within thirty minutes had
agreed upon verdict. Upon the opening
OF court at o'clock the verdict was re-
turned. AS the clerk read
NOT GUILTY
cheer went up from the crowded room,
which contrasted sharply with the painful
silence which had preceded il, Oys and his
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