The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-12-30

ceived the congratulations of his
friends upon his speech, although he
had the unpopular side.
The court then charged the jury,
commencing at 4:25 o'clock. 1t was
the jury's duty to pass upon the evil
dence. The important and serious
nature of this duty canhardly be esti-
mated. 1t should be administered not
in vengence but in strict impartiality.
The indictment charges that Giefer
inflicted such wounds upon Roway
that he died few days later, and
that the killing was with permedi-
tated design. The defendent pleads
not guilty and contests all the charges
in the Indictment. The State must
prove to the jury beyond reasonable
doubt that all the charges are true.
Absolute certainty is not required,
but moral certainty, one that con-
vinces and directs the Judgment, is
required.
The definitions of the different de-
grees of murder were read and eX-
planned. To find Giefer guilty of
murder in the first degree, the Jury
must find that he had premeditated
design to kill Roway. There is evil
dence tending to show that Giefer
killed Roway as charged. Then did
Giefer kill Roway with permeditat-
ed design? If you are not satisfied
beyond reasonable doubt that he did
kill him in that manner you cannot
find him guilty of murder in the first
degree. If he designed to kill him,
was it permeditated design? If the
defendant fully determined upon and
revOlved upon it, the murder, if there
was one, was in the first degree.
The defendant may be convicted
of murder in the second degree
This is when the murder is inexcus-
able, but is not premeditated. The
difference between the two degrees is
the absence of generalization.
The defendant may be found guilty
of murder in the third degree. This
is when the crime is perpetrated in a
manner dangerous to others, but with
out design to effect death.
Before the defendant can be convict
ed OF any of these charges, all of the
constituent elements must be proved
Ii there is doubt as to which degree
the crime comes under, the lesser
must be chosen. If the defendant is
not guilty in the first, second or third
degrees, then you must acQuit him.
The court then gave some requests
asked for by the defense. When Kill
ling is done by sudden malice at the
time of the killing the crime is MUIR
der in the second degree. In cases Of
this kind drunkenness may be con-
sidered by the jury, in so far as
whether it might not prevent the de-
PENDANT from being able to form de.
sign. If he was so deeply intoxicated
as this, he must be found guilty of
murder in the second degree. All
portions of the defendants stat +,
ment, unless disproved, must be con-
sidered equally, the favorable part as
we'll as the unfavOrable.
The State called attention to the
fact that generalization does not re-
quire any particular length of time,
hours or days. If the prisoner had
time to think about it, that was suffi-
Gent.
The defense asked that the jury be
instructed upon the punishment for
the different degrees of murder,
which it did as follows: First degree,
by death, unless there are mitigating.
circumstances: second degree, life i'm
prisonment: third degree, imprison-
ment for not less than seven nor more
than thirty years.
At o'clock the jury retired.
The following persons were admit
ted to citizenship: Olaf Bregmart,
Henry Kruse, John Siss, Joseph Siss,
Carl Burchel, Godfred KruSe, Martin
WalSer.
NTH pApDnN