The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1892-05-26
IS SHE GUILTY.?
Mrs. Russells Case Goes to the
Jury Without Argument
by Either. Side.
Judge Bailey Makes His Charge
and the Jury Retired Ear
ly Last Night.

EAU CLAIRE, Wis, Special, May "a
There was some surprise this afternoon
when Mr.. James, attorney for the accused
i'm 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 iurymen gazed in blank astonish-
ment for moment and then smile Of
qualification overspread 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 cheerful in the afternoon, smiled
also. Court adjourned to 7:3O y. m., the
hour fixed or the delivery of the judges
charge.
The proposition to submit without argu-
anent came first from Mr.. James, and Dis
trict Attorney Frawley and Mr.. Erwin &C.
coded to it OH the understanding that the
facts in the case were not to be reviewed in
the judges charge. The defense this alter
noon called Sheriff Flemming and made
him tell good deal Of the story of the de-
ception practCed on Mrs Russell when she
was arrested. Then District Attorney
Frawley himself was placed on the stand
and subjected to a hot cross-6 fire on the
same subject. He frankly told the whole
story and did not seem to care what was
thought Oft. He said in substance:
sent Russ Whipple to the jail that night to
get what he could of the truth about this MUIR
der. went to the central telephone Office told
Whipple to go to the jail and tell Mrs. Russell
he was logger. named Sweeney. from Ffeld
and a friend. and to find out everything he
al To II ;hy- ,taa 7
represented myself as no particular person, but
represented myself as being at Mr. Carson's.
When she asked whether it was Carson or But
f1neton gave all eyasive 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
+ofthis case; the way in which Mrs. Russell
was arrested; the manner in which she
came to waive examination; the episode at
the Jail, and the publication of the inAam-
matory letter in a local paper the day be-
fore the trial began; whether Mrs Russell,
the accused, had had constitutional trial,
torney had not deprived her of it.
Mr.. Erwin, for the state tried to get in
some evidence as to the good character Of
Sarah Halverson. 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 50 Sarah was
story was false. Then Mr. Erwin put in ey-
ideice an almanac to show there was no
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
there certainly Was moon that night
When Prof Mulllken OF st. Paul was called
by the state to testify as 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 testilv."
Witness was shown Exhibit S, and Mr.. En-
win asked him to illustrate his evidence by
comparisons On blackboard. The Judge
said no such comparisons would be al
lowed. besides that" the judge added,
1.-The witness has not shown himself 20 be
an expert" Mr.. Erwin and Mr., Frawlev
endeavored to argue the matter with the
judge, but his honor said the matter was
settled. and he wanted to hear no more
about it. The witness, he. said, was de-
ficient in scientific and practical knowI-
edge.
Mr.. Erwin Well. then we ask time to get an
The court-well, 1 won't give you time.
The matter was argued further, bnt the
judge sharply closed the debate" and Mr.
Erwin remarked That is all then. pro-
lessor" and Pro. Mulliken left the stand.
Mr.. Erwin then called Prof Curtiss and
asked him il in his opinion the handwrit-
ing on the package OF poison and that of
Fr1rkSnN
said he thought not. Curtlss was a witness
Tor the defense.
THE JURY CHARGED ...-. 49,
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 Sentences
describing the crime Of murder by person
were read tears filled the eyes of Mrs. Rus
sell and she partially buried her face in a
hand kerchiet: Later she rallied, ana by
posedly chatting with her husband Judge
Bailey i'll 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 presump tively cir
.cumstantial as distinguished from evidence
'concluslvely clrcumstantial; also that
the jury must not Ter. even
though the accused had love for the hus-
band Of the deceased, that such love was
sufficient motive or that it would natur-
ally prompt to the crime OF murder. Re-
erence is made in the charge to the accusa-
ton by the. etense 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
or attempted it then the whole testimony
on which a 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 or
guilty intent. The jury retired at 1925 p. M
Fire Bugs ut Work.
MARION JUNCTION, s. d., Special May a.
An incendiary fire last night caused to-
tai loss 10 Louis Seward of his store and
stock of general merchandise Of SO, 800; in
surance, $3.50.