The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1892-05-26
is SHE GUILTY?
Mrs. RusSell's Case Goes to the
Jury Without Argument
by Either Side.
Judge Bailey Makes His Charge
and the Jury Retired Ear
ly Last Night.


There was some surprise this afternoon
when Mr.. James, attorney for the accused
in the Russell murder trial, announced
that the defense had no rebuttal to put in,
but there was genuine amaZement when
Judge Bailey Immediately thereafter stated
that the case would be given to the jury
without argument by either side. The long
suffering iurymcn gszed in blank astonish-
mention moment, and then a smile of
qualification over+pread the faces OF the
twelve men who went into the jury box
twenty-eight days ago. The smile spread
TO the lawyers, and Mrs. Russell, who was
quite cheer. ul in the afternoon smiled
also. Court adjourned to 1880 m., the
hour fixed or the delivery of the judges
charge.
The proposition to submit without argu-
ment came first from Mr.. James, and Dis
trict Attorney Frawley and Mr.. Erwin ac-
ceded to it OH the understanding that the
facts in the case were not to he reviewed in
the judges charge. The defense this ter
noon called Sheriff Flemming and made
him tell good deal of the story of the de-
ception practiced on Mrs Russell when she
was arrested. Then District Attorney
Frawley himself was placed on the stand
and subjected to a hot cross-tire on the
same subject He frankly told the whole
story and did not seem TO care what was
thought it. He said in substance:
sent Russ Whipple to the jail that night to
get what he could Of the truth about this MUIR
der. l went to the central telephone office, told
Whipple to so to the Jail and tell Mrs Russell
he was a logger named Sweeney, from Fiield
and friend, and to find out everything he
could. talked to Mrs. Russell by telephone, l
represented myself as no particular person, but
represented myself being at Mr.. Carson's.
When she asked whether it was Carson or Buf-
fnGton gave all evasive answer. intended TO
deceive her.
The district attorney found out by this
means that the defense would produce the
package of poison found in the bed Of the
deceased but the court would not admit
evidence as to what Russell really said.
The judge said he purposed to certify to
the supreme court the
QUESTIONABLE CIRCUMSTANCES
Of this case; the way in which Mrs. Russell
was arrested; the manner in which she
came to waive examination; the el isode at
the jai, ana the publication of the lnfam-
matory letter in local paper the day be-
fore the trial began; whether Mrs. Russell,
the accused, had had a constitutional trial,
and whether the actions Of the district at
torney had not deprived her Of it.
Mr. Erwin, for the state tried to get in
some evidence as to the good character oil
Sarah Hatverson, the girl who Mrs. Rus
sells nephew, Elmer Horton, swore he saw
sitting on the lap of Peter Erickson on the
piazza one moonlight night. The court
ruled the evidence out and so Sarah was
Sfo md nd hot NJ
=stass' was false. Then Mr.. Erwin put in eY-
idence an almanac to show there was nc
moon that night. The judge examined the
almanac and told Mr.. Erwin that he had
read the figures wrong and that the alma
nae proved, ii it proved anything, that
When PcofMulllken o. ST. Paul was called
by the state to testify as a handwriting eX-
pert
THE JUDGE BATTED ERWIN
ali over the field once more The court
said, You will have to show more facts
than this Mr. Erwin. before he can testify
Witness was shown Exhibit s, and Mr.. Er-
win asked him to illustrate his evidence by
| comparisons on a b ackbOard. The judge
said no such comparisons would be al
| lowed besides that" the judge added,
| ''the witness has not shown himself 20 be
an expert" Mr.. Erwin and Mr.. Frawley
endeavored to ar,ue the matter with the
| Judge but his honor said the matter was
| sett. ed, and he wanted to hear no more
about it. The witness he said was de.
ficent in scientific and practical knowl.
| edge.
Mr. Erwin-Well, then we ask time to get an
| The court-Well, won't give you time.
The matter was argued further, but the
| Judge sharply 'closed the debate" and Mr.
| Erwin remarked THAT is all then, pro:
nj ioft fho
Mr. Erwin then called Prof. Curtiss and
asked him il in his opinion the handwrit:
| ing on the package Of poison and that o
| Adam Erickson were the same and witness
said he thought not. Curtiss was witness
| Tor the defense.
| THE JURY CHARGED.
Ats o'clock tonight in court room
crowded to suffocation the jury stood up
to listen to Judge Bailey's charge in the
Russell case. AS the opening senten ces
describing the crime Of murder by person
| wefe read tears filled the eyes of Mrs. Rus
| sell and she partially buried her face in a
| handkerchief. Later she rallied, and by
the time the jury had retired she was com
posedly chatting with her husband. Judge
Bailey in his charge called attention to The
! tact that the character of the evidence re-
| lied on by the state to prove the charge
| against the accused was presumptively cir
cunstantal as d distinguished from evidence
concluslvely circumstantial; also that
the jury must not in er, even
though the accu ed had love for the hus'
band of the deceased, that such love was
a sufficient motive or that it would natur.
ally prompt to the crime of murder. Re:
erence is made in the charge to the accuse,
ton by the de ense against the district at
torney, and the judge said if it was made
to appear that the prosecuting officer had
suppressed or manufactured any evidence
| i lNn ,IOIN
on which conviction is asked may b.
thus tainted so as to be unreliable. At the
same time, he said, the law presumed the
district attorney innocent Of any willful ol
guilty intent. The jury retired at 8;25 p. III
Fire Bugs at Work.