Telegram-herald., 1889-10-10
THE JURY'S VERDICT
The Jury IL the Gosch Case Come
II al 1870 p. h
HE WAS GUILTY OF ANSLlUCETER
Closing scenes ia al Esentfsl isiAi-
EIoQueaE Pleas and a air Impair
tlai Ch4rge-E1e friseRer a.
moved Is the eralcI

$40 Win 10l house. a large
number Of ladies were Ia attend
aace. Ar. Fairfield began hls ar
gument moment later. lie
called the attention OF the' jury 10 Tie
force that the respondent, Gosch, was
compelled to meet that night lie sad
that while the nineteen men who were
the aggressors IA the shooting that
night, tad been al liberty snce, and
had had ample tame for their evening
sessions. the RESPONDENT had been oon-
fined behind the dungeon bars, with no
hand 10 help hlm bat that Of las poor
httle wife. He made allusion 70 the
respondents goDd character, and 10
the statement - hs wife that he could
not read, and tie only thing she ever
read 10 him WAS the testament He
SAID. Surrounded by ais wife and six
little children, IN hls humble home, an
honest, bard working, quiet man,
past middle age, you are asked
10 believe that this man
took The life of human beng without
cause.
AT 1920 O'Clock a recess of ten
minutes was taken, after which Mr..
Fairfield continued hIs argument,
which was graphic IN the details OF the
story, pathetic in is recital and cOn-
vlncng IN It's entirety. lie ceased
speaking at half.past IL, and Mr.
z -Knappen advanced hls argument dur
ing the next half hour.
Court then adjourned until 2 O'Clock,
at which time Mr.. Knappen continued
ms address 70 the jury. lie went over
the evidence carefully and noted ms
points clearly, advancing ms argument
IN an effective manner. Mr.. knappen
is not an orator, but he knows what he
wants 10 say and frames his words into
sentences. remarkable for their per-
spicuity.
lie closed at $50 O'Clock, at which
time Judge Burch began his charge 10
the jury.
Judge Burch, after reviewing the
theories presented 10y the opposing at
tOrneys, and reminding the jurors that
they were sole Judges of the facts,
stated the law applicable TO the case, as
| follows:
First, it is within your province TO
| find that the respondent is guilty,
either of murder in the first degree, or
murder in the second degree, or man
| slaughter; or il is within your province
| 10 acqult the respondent of any guilt
whatever. by your verdict. Bearing IN
mind these four possible results of your
deliberations, | will define to you the
! crime of murder, under our lawc.
Murder is defined TO be the unlaw-
full killing by a person OF sound
| memory and discretion OF any
reasonable creature in being, IN
| the peace of the State, with malice
! afOrethOught, either express or im-
! piled, as this Is necessary TO constitute
| the CRIME of murder of any reasonable
| being; il must be done by person OF
| sound memory and discretion; II must
! be within the peace of the State, that
Is, under and within the jurisdiction OF
this State, and IN territory governed 10y
its laws; it must be unlawful, that
! Is, uniustifiable or ineXcusablc
il must be with malice afOrethought
| either expressed or implied.
have heretofore said 10 you that II
was within your province to find tn,
/
first or second degree. There are some
kinds of murder which the law regards
as more heinous than others; the most
heinous and grave is murder in In,
first degree. Murder IN the first degree
is where it Is perpetrated by means oi
poison, or lying in wait, or any othel
kind Of willful, deliberate or premedi
tated killing. Anything which consti
| l.,rs D. -
trated hv means of poison, or living iu
wait, or characterized by willfulness
deliberatiOn, or reconciliation. ls muir
der in the second degree. Mansiaugh
ter i an Otfense of still less gravity
than murder in the second degree, and
may he defined as the unlawful and
fel0nOus killing Of another without
malice. This brief definition of malicg
may not be sufficient for the purpose
and il may he we'll 10 give YOU m
| stances or illustrations OF the oifense
II may occur where killing IS done
accidentally, and yet from grave care
lessness of q felonIOus nature. This y
called involuntary manslaughter
Again, men may quarrel and fight, and
in state of great passion one my XII
the other without intending To 60 s.
far, and IN that case the mallce aiOre
thought j. lacking, and the Oifense j,
manslaughtcr. Perhaps tins would b'
sufficient to show you what manslaugh
ter Is.
Now in this case, If you find that th'
respondent = not guilty of murder ir
the first degree or murder iD the sec
ond degree, or manslaughtcr. % j. you
duty % aCquit him of any ofiense.
/ have further 10 charge you regard
ing his rights as 20 person and prop
crtv that. from undlsputed evidence
Il appears that defendant was pOssesseC
of farm and premises, where the &C
OF killing took place, and that it was "a
the time his home, and that he wa
legally authorized % defend t as hl
| home. and 10 defend his family anr
! himself m it from uuwsrrantsblc o.
unlawful Intrusion atall times. whefho
! by cay or sc night. and egpressiu.
these views. ! charge you ln connection
Herewith that & Won should End tha
respondent. NOT being aware 0f any En-
| tentOn % arrest hm that night. no
| having any reasonable cause 90 susurr
that be- Vas % be arrested that night
| and not being warned of tho inteuto.
of Deputy sheriff Sinclair anf his pur
/ posrs. or The purposes ~ those sum
| moned - his assistance. was awakenr.
| suddenly. and without tme for reflec
/ tion. found hs house asssiled. and pei
/ sons demanding entrance without mas
iug any purpose known g. him. an,
Immediately afterward bearing shot
fired and oafcrles hv hs wIfo. wh.
| clamed q have hocn shot, the scream
of hls ch 'drsn. au8 ssw Brearlev fs
wounded. an3 having little time 8
take care or del ierate. 81 rel A e.
ami fired. thereby killing deceased -r
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