Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1893-03-24
THE JUDGES CHARGE.

THE JUDGES CHARGE.
Following is his charge to the
jury:
Before proceeding to instruct the jury
upon thr question of law involved in this
case, deem it proper to commend the
counsel on both sides for the excellent
and able manner in which the case has
been tried. No unnecessary time has
been consumed on either side. either in
the selection OF the jury or the trial Of
the case, and yet everything has been
done that legal skill could have accom-
plished on behalf of both the state and
the defendant on trial.
Both sides and the people of the
county are particularly fortunate in the
selection of SO intelligent a jury, with
so little delayand so little expense,
comparatively, to the county, and for
this great credit is due to the sheriff and
the officers selecting the special venire
from which the jury has been chosen. 10.
| The thanks of the court are also due
to the officers of the court, and to this
large audience in attendance, for the
excellent order which has been observed
during the trial of the case.
Gentlemen of the jury: The defendant
on trial is charged with the crime of
murder in the first degree, in taking the
life Of one Gust Artman in this county,
on the first day of October last. You
have been carefully selected from differ.
ent parts Of the county as jurors cn &C
count of your ability, fairness and un
biased state of mind, to try the case
The evidence having been closed anC
the case argued by counsel for the state
and defendant, it is now my duty tt
give you the charge of the court: Thi:
is no more or less than brief state
ment of the law applicable to cases O.
this character, with such explanations
as I deem proper concerning the same
need not remind you of the import
ance of your duty, for l know from tn
makeup OF this jury, that you have al
intelligent appreciation Of the great re
sponsibility resting upon you, and tn
. Importance of your duty. You ar
clothed with a, sacred and responsible
duty which you are called upon to per
form on behalf of the state, a dut
which you owe to the defendant as wei
) whose liberty, at least,is in your hands
to see that he has fair and impartis
g trial. have no doubt but what yo
S will fairly and conscientiously discharg
+ this double duty, with due regard to tn
, rights of the public and the defendal
e as we'll, and from the testimony and ev
I dence in t is case, under. the oath 20
t have taken decide the case fairly .iustl
T. and impartially.
{ AS already stated. the defendant
ohargeGwith murder in the first degre
t Under the laws Of this state the xii
u ing of human being unless it is e.
il cusable or justificable, is murder in Il
Il first degree, when perpetrated with
n premeditated design to effect the dea
of the person killed. The words sspr
s, meditated design" as used in this def
: ition means thought before hand'' f,
: :. any length of time however short. Tf
- - does not mean to brood over, or refe
8 upon for a week or a day. or even ;
hour, but it means an intent to XII
~ formed by the defendant in a cool sta
s, Sof blood s=s. !.
ia I
The court fnstructs the jury in Il
case that the law raises no presumpti
against the prisoner, ,buteyery presum
* ton Of laws in favor ofhis innocen,
- before the state can ask 4 conviction
~ your hands you must be satisfied, frt
as the evidence, of the gilt of the defer
q ant beyond what the law terms re
sonabie doubt. This does not ,hoWey
he require you to be satisfied beyond
ed possibility OF Il doubt, because eve
az thing relating to human affairs and
pending upon moral evidence, is op
-, to some possible or imaginary dou
!, The law simply eanlfes yon to be $
isfied to y moral certainty, that 6
talnty which convinces and satisAes
nd understanding, reason and iudgem
~ of those y ho are bound to act consci
Ild tiously upon, the evidence. on are
determine the case from the evide
he and facts adduced tlpon The trial ,ant
aw after hearing and considering the {.
use dence in the case, you have any reas
Ill able doubt as to the defendants gu
"a or as to any n;.terial fact necessar.
lon constitute the crime it is Your dut
nd give the prisoner the benefit of
.yvel doubt and 3acquiL hin.
To. Before yoN can find the defend
:, guilty, you must find every mate
tact necessary 70 establish the def,
Is ant guilt proven beyond 4 reason