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

a ant the 4DeEelLe OF Sucn uOtiDI.
The court. instructs the jury thati
the evidence fails to show any motive
for the crime charged, Oh the part O
the accused, that is a circumstance II
flavor of his innocence. III a case o1
: murder in the first degree, the question
d whether there was any motive for the
commission of the crime is very
4 important circumstance, and it is the
4 duty Of the jury III this case to say
4 whether or not the state has Shown
any motive for the commission
4 of the crime with. which the
DEFENDANTS charged, and if no motive
is shown then the jury should give that
4 fact due weight in arriving at a verdict.
/ While want Of motive may be mate
rial, yet motive may not be shown by
direct evidence. it may be inferred by
/ thesact itself. That is, if from all the
facts proved you are satisfied beyond a
reasonable doubt. that the defendant
Killed Gust Artman III the manner and
form charged in the. Indictment, you
can convict, even though there is no
direct evidence of motive
In considering this case, you have a
right, and it is your duty, to take into
consideration all the facts, testimony
and surrounding circumstances as dis
closed by the evidence and as shown in
the case. The testimony as to alleged
statements and admissions made by the
defendant subsequent to the commits
sion of the crime, as well as of the tes-
timony of witnesses denying such alleged
statements or admissions.
There are many things in this case
about which there is no dispute. 1t is
not disputed that Gust Artman was
killed at the time and at the place
claimed. 1t is not disputed that he
came to his death by reason Of wounds
inflicted at the time, from which he bled
to death. The principal question for
you to determine is as to who inflicted
the wounds which caused his death and
what, if anything, the defendant did in
connection with this unfortunate affair.
The testimony, or at least much Of it,
is to the effect that the wound which
caused the death of Artman was in
fiicted by knife or some sharp instru-
ment. The defendant claims that he
used no weapon, except the pitch fork,
which he claims to have taken from the
deceased, and that whatever was did
was done in self defense. The testi-
mony of the defendant and the wit
nesses on the part of the defendant and
the testimony of Casa, as to what oc-
cured at the time of the trouble and as
to the relation of the defendant and
Casa to the affair is conflicting in de-
termining this matter. Y on will of course
take into consideration all of the
testimony and evidence on both sides
bearing upon this question, as
we'll as all the facts and circumstances
surrounding the case, and the evidence
as to the alleged subsequent statements
and admissions of the defendant,in re.
gard to the same including the evidence
statements and admissions of his father
made subsequent to the affair. Y OF
are the exclusive judges of the facts anG
of the weight and credit to be given tC
the testimony of the witnesses. In de
termining what weight and credit
should be given to the testimony
of the witnesses you take into con
sideration their manner of testifying
their demeanor upon the stand, thei
.. apparent candor, or lack of candor, al
the case may be, the reasonableness O
unreasonableness, or the probability O
improbabllity of their story. In deter
mining what weight and credit shoul(
be given to the testimony of the defend
ants father or wife you may take in
to consideration their relationship to tn
,, defendant. In weighing the testimon.
of Casa you may consider his relation
to the affair, and any interest he ma.
feel in the result of the trial. The de
fendant has been upon the stand an
testified in his own behalf, as he has
right to do, but in determining wha
weight should he given his testimon
: you may take into consideration tn
fact that he is the defendant and ir
terested in the result of the trial. ]
u does not follow however that the de
. fendant may testify falsely simply be
. cause he is the defendant. You ma
. simply take that into consideration i
9 weighing his testimony. There is COZ
siderable testimony to the effect thu
, the defendant and his father, as we'll ;
- Casa, had made statements out of cou
,, conflicting with the testimony given /
- them on this trial. Upon that point
- charge you,' thatif you believe th;
% any witness has made al
70 material statement out of court, CO..
- flicting with their testimony given upC
: the stand, that fact either tends
;" impeach the recollection or the trut
: fullness Of the witness and you M;
take that into consideration in dete
is mining how much weight and creG
e. should be given to their testimony
H. charge you also, in this connection tn
x if you believe that the defendant or al
le witness in this case, either on behalf
a the state or the defendant, has wilful
til sworn false In regard to any mater
e fact connected with the case, you m
n DISCARD the testimony ofsuch witness
Or entirely, except in so far as it may
lis corroborated by other competent tes
ct mony.
an Now, gentlemen of the jury, beari
II, In mind these instructions, the most /
tie portant question for you to Getermi
is as to what occurred at the time of t
comnlission oftne crime. Whoinfi
=. - the fatal wound, Did the defendar
:. or if he did not. was he present, aidil
= s abetting or assisting Casa in
~ - commission of such crime, directly
- indirectly, knowing that such cri
- - was intended or being committed?
In this connection charge that
you believe from all the evidence in
:, = case that the defendant did not inf
@ the fatal wounds, but that Casa d
- then ard there intending tokillArtm
- =, and further believe beyond a reasona
- :. doubt that the defendant knowing
:. - such intention on the part Of Casa, ,
present, aiding or abetting, assist
g .,r e,,aon,,,pinsr Casa IN fhe rnmniss