St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-23
IN THE HANDS OF THE JURY
JUDGE KELLYS cHkReE I'M THE
FLEURY CASE.
THE JURY TRYING TO AGREE.
Judge Kelly in His Charge to the
Jury Makes an Exhaustive Re
view of the Evidence-Says


That Fleury, and Not the Pink
ertons and Police, Is on Trial
Erwin Objects.
The ninth and last day OF the Fleury
trial opened yesterday at 10 a. IN. The
court room presented the same appear
ance, both on the floors and in the gal
leries, as of yore, except that the code
PENDANTS were not to be seen IN their
accustomed seats, and the defendant
Fleury occupied seat near the railing
some three feet or more from his coun-
sci.
AS soon as the court had been called
to order Judge Kelly began his cnarre
to the jury. which he delivered in a
calm, deliberate and impressive / ne of
voice. He occupied just one nOur III the
delivery, which received the closest at
tention of all within hearing distance.
After some preliminary observations. he
said the defendant is indicted for the
crime of grand larceny in the first de-
gree, which is the taking and carrying
away with intsut to steal, the personal
property of another in value over $500.
This defendant is accused of stealing
and carrying away, Aug. IA, 1898,
s., 900 in gold coin, the property OF the
Merchants National Bank of st. Paul
the same having been taken from the
possession of clerk and messenger OF
the bank. Every person accused of
crime is presumed to be innocent
until the jury is, by proper
evidence. convinced beyond rea-
sonable doubt that ne Is guilty.
He then explained the meaning OF the
term beyond reasonable doubt" 1t
means proof to moral certainty, as
distinguished from proof to an abSo-
lutte certainty. After celebrating this
point fully. the court stated the general
proposition TO be that the burden OF
proof is entirely on the state, and that
the defense need do nothing or say any,
thing until the state proved its case.
He next recapitulated the admitted
facts of the case of which there was no
dispute. viz: the incorporation of the
Merchants National bank; that the
| clearing house business Of the banks OF
the city is done at the First National
| bank through their representatives on
each business day between the hours
of II and II o'clock; that on Aug. IA,
1898, it had been found that there was
| due a balance of over $4,000 from the
Merchants Natiopal to the clearing
| house. which, under the rules, had to
| be paid in gold; that at IL % that day the
clerk and messenger and porter-of the
Merchants National bank carried $780,
| 900 in gold coin in four canvas sacks
each containing 5000, one of the sacks
containing So pieces only and the others
$50 pieces. He then detailed the evil
dence connected with the abduction of
one canvas sack, which occurred at
IL 80 o'clock of that day. The question,
said the court, is, did the defendant
steal that sack of gold? or, did he aid,
assist, counsel or abet in the theft.
You have heard the
EVIDENCE OF LARES
| in reference to the transaction and the
| presence in the bank OF the defendant,
also the confederation of Lares' testi-
mony by MIR. Gall aud Mr.. Townley. and
by Mr.. Moennisch and wife. On the
other hand you have heard the testimony
of the defense on this point, given by
| Mr.. Stanton, who SAYS neither the de-
PENDANT nor co-defendants took the
money: that defendant=was not in the
bauk at the time: the men described by
this witness as the ones taking the
money-one very slight and very low
who snatched the sack, and one very
tall and heavy who intercepted Lares al
the door. have neve been seen since:
the defense claim this witness story is
strengthened bvLares' statements made
to two reporters to the effect that hi
did not see the face of the man who got
the bag, and that he could only give {
general description of his dress and APP
pearance.
The judge then stated the state's..re
fluttal, as shown by the testimony o
Gall and Jacobs. cOntradlcting Stanton'E
evidence. He cautioned the jury tt
carefully scrutinize all declarations and
admissions out of court as liable II
error in understanding what was said
and in reporting it correctly afterwards
After careful consideration it is for this
Jury to say what the truth is. You, Thu
J iury, must find from all the evidence
who took the money. Was it the de
PENDANT or one of the co-defendantS
But if YOU cannot ind that this defend
, ant took the money, and yet find tina
he, in any way. aided or assisted i'll TAX
it, he is just as guilty as the man who's
; hand clutched the pag of gold and car
ried it away.
He next called the attention of thu
!. Jury to the testimony Of the with es
f.Pinkerton, which the state claimed
clearly shows guilty knowledge on tn
+ part OF defendant of the theft of tn
, money aud its mode of accomplishment
This testimony should be
CAREFULLY SCRUTINIZED.
Finally, the state claims that it ha
!. submitted to you evidence whereby 20
will be warranted in finding that por
: ton of this stolen gold, $1,000 in $50 gol
d pieces. was found in defendants pos
Il session shortly after the taking.
. The Judge next stated fully the la
y of conspiracy to commit crime; tina
Y in short. from the time the agreemef
is made the acts or declarations of on
or the other. done in furtherance of
common design, are to be taken as tn
II acts of all. The state here claims tia
V all the persons named in the lndlctmer
k were engaged in a conspiracy TO rob til
J Merchants National or some other ban
% % in this city. Did or did not the defent
y. ants conspire together to commit til
al crime? This you must consider frol
e all the evidence in the case affectin
S. their association in this city, their ac
.ee and doings here, and the accounts give
10 of themselves. Should you find COZ
as spiracy existed; that meeting toe
Sc place, al which they then and there d
lie vided the spois, there and from TIL
Ell time the conspiracy was ended, and 1
IT, act or declaration not in Fleury's pre-
= ence can be considered as evidence
q the original conspiracy.
Z The court explained to the jury wi