St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-12-11
w. w. ERWIN's ADDRESS.
A Strong Plea for His Client 10y
the Great Lawyer.

n otrOuG E-lcd 1OF his SiiOhe W
the Great Lawyer.
The address of w. w. Erwin to the
jury was mastery effort, lasting an
hour and fifteen minutes. Seldom dld
he indulge in pathos, but he rather
challenged the jury to find any grounds
upon which TO base the claim of murder
made by the county attorney. AT times
his eloquence, like ZigZag lightning,
fairly startled the audience, at other
times it was as pleasing and reconclled
as rainbow.
He began with an impressive glance
and pronouncing the words "pr0Secut-
ing Attorney" Then he said:
| was myself prosecuting attorney for two
wears in this county, and was no exception TO
the rule Prosecuting attorneys 1--we in an at
mosphere of accusation-term OF Office TWO
years-a stlfled atmosphere. The atmos'
phere of the coroner jury when but one side
is told. The atmosphere of the grand jury
room behind closed doors. All the way
through an atmosphere of narrow views and
the man becomes stifed under 1t. But 1T Is
a wise office and absolutely necessary. 1T is
wise that cases should be prosecuted to the
utmost limit. But the narrow view of evil
dence! The strainiug to induce jurors to be
pesimistic is one-sided and unjust. When THIS
case Is closed your verdict should leave no
censure on the able prosecution thereof Ihe
county attorney has filled the oiflce or prose-
cutor on the theory of public demand and IS
entitled to the thanks Of the community ana
of yourselves.
You are removed from all theory of SYM
pathy for the defendant and are to pass Jud5-
ment according to your best ability in the in
terest of the public. You are to pass upon
what has been proven beyond reasonable
doubt. You are guardians of the life OF the
prisoner and the guardians OF your own I'D
IL, III IITatNr "a TN
attempt TO substitute logic for the reason OF
your own soul. 1t must be proven 10 the
aggregate mind of the twelve men Ill the poX
that it was guilt beyond reasonable doubt.
1t is important to the public ana 10
this defendant. Everything in court must
be done by the mind by the highest mind.
Who says this woman committed murder?
The county attorney says so, Dut tlat Is not
enough until he has proven It, But VINO
else saws she committed murder? The Blair
boys and the Rachkon boys say she com
mtted murder. But are they sustained III
the face of contradictions? What they have
said that is not true | hope they Will cor
rect ty life of honor. When they tell you
that thev sat III a boat, within u feet OF
brutal murder and still kept on fishing, and
did not go to help, but kept OH fishing the
day out and went home without making an
inquiry, they show that they were pc
low the brute. A common brute =
GOWN witnessing the killing of one
of its kind, would have beloved
the news to heaven and ran about the field IN
terror. When these men sit within so feet OF
the scene of a murder they cannot III nSe MN
utes nor ever after, tell exactly the same story.
That the do tell the same story Is convincing
proof that the story was made up. Where
they agree as to details it decreases the
proof that the story was put INTO
the ear and did not enter the eye.
They agreed as to the details but as TO the
main fact, or the truth as TO who roweQ the
boa. out into the lake, they all differed Each
one said the other rowed the boat. Each one
had vacant stare. Each one had to be
prodded to relate the scene. There was not
a free story, as if running from the brook. 1t
was made-up story You would not have
believed these men if their evidence put III
issue 800 of property. You will not believe
them now when there is put in issue the
property of life.
The case, happily for this defendant, does
not stop there. The whole story, as fabrI-
| Gated to the county attorney, was puilt up.
Mr. Erwin insisted that the story was
| built up-it may have been done uu-
consciously, and illustrated the bent of
boys minds to follow a story by relat-
ing how when a lad he lost suit for
his father by testifying that light red
COW was yellow COW, because he heard
an Irishman say the COW was yellow.
| Continuing. Mr.. ErwiD said:
| This story of the boys running up like wild
| WecOS mas run against Une GrUtl OI HedVell u
| be turned back. 1t is no wonder that the
| county attorney says he hesitated to put the
Blair BOYS on the stand. His hesitation FOL
| fifteen minutes in open court as TO putting
| them on the stand gives you reason TO hesl
| tate forever to believe them.
By the proof that God don't make three
| boys so brutal as not to cry out when they sec
| murder you will find that the boat with
| the three boys was not there Now who else
| accuses this woman? No one. The Blalrs
1 dc nnt tn
| enough to see und hear what was done and
| said. They testify as to deadly conflict
| but do not tell of the details.
| Mr.. Erwin analyZed the evidence with
a closeness that brought out the points
favorable to the defense. Commenting
on the argument of the county attorney
Mr.. Erwin said:
No man stands up for the poor man in
| the courts more than do. l have stood up
| in court for the poor men when the state has
| clamored for their blood, but ] hate this
cant about the poor laboring man. The
| scene at the lake was described, and Mr.. Err
win says this was not the poor laborer thai
was taking the the only only ,odayy, day from ON
he was the drunken rosterer. He
is dead and the weeds are growing over his
| lonely grave did not cause his death
neither did this woman, but it was caused as
| a result of his drunken roistering. Hoppe
| q
conflict with the weak old man Henning
| She saw the Old man in danger, and she ran
| and got her revolver and shot Hoppe while
! Henuing was after the oar, ana TO protec
herself, after Hoppe had thrown the
| bottle at her. Knocked her hat off
had struck her with the fishpole, and wher
she thought he was going to shoot hel
after putting his hand in his hip pocket. -
will paint the lake with your blood, " thi!
your poor laboring man said. This is a com
| ia v,01n = ic haif LAM 4,
were the ancients armed with. Taking VI
the pole Mr.. Erwin said: ''Place this in the
hands of a powerful man like Hoppe. LIE
| him punch her i'll the breast aud threaten tt
paint the lake with hd1;ovh her sno blood ID,
in danger of great bodily HARM
Retreat! No. Here was her home. Here
was the man with the pole-With the bee
bottle-threatening life. Terror had seizeC
the woman She was attacked. She and he
the law permits you to defend, to resist-yol
will see heracting on the principles God gave
her. Today you may condemn her, but to
morrow you will fight to defend yourself.
Now the law. The court will give you th
law. Listen to the court closely. The cour
will tell you that if there was reasonable
grounds for belief that they were i'll DANCE
of life or great bodily harm they had th
right to resist. will give you my idea O
murder and manslaughter. subject to correc
ton by the court / was surprised at tn
COUNTY attorney claiming murder. though
that the highest degree that he could CLAIM
| is manslaughter. 1t was not done in coo
blood in any event. 1t was IN passion, afte
an attack had been made. Juries do not hol
up liberty for the strong and powerful, bu
/ they sometimes do hold up liberty for tn
weak and HELPLESS, S.
Juuge BrilIs charge to the jury was {
fair exposition of the law, and he mad
clear enunciation of the differen
grades of manslaughter. He drew at
tention to the points in,the evidence