St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-15
"SLIM" DUGAH is GUILTY.
THE JURY FIXES THE DECREE As THE
SECOND.
REcoMMENDs FULL PENALTY.

The Jury I'm the Harris Murder
Case Was Out From 5:25 ID.
m. to 1920 p. M. = Dugan
Smoked Cigarettes While
Waiting for the Verdict-Oiher
News Of Minneapolis.
The Dugan trial is over at last, and
yesterday afternoon. shorty after 5
O'Clock, the case went to the jury. Mr..
Nye delivered his argument during the
forenoon, and in the afternoon Mr..
Davis took up the cudgel for the de-
| PENDANT. There was an immense crowd
in the shabby court room. There were
over a hundred women damned to.
gether in the crowd, and not one of
them gave thought TO the fact that her
dress was being mussed and her hat
was taking upon itself a bedraggled APP
pearance. She wanted to hear The
speeches, and hear them she did. The
Railways of the court house were filled
with men and women, all endeavoring
to catch few words of what was being
said within the green doors.
The witnesses. sheriffs, attorneys and
others interested in the case were lined
up in front, giving barely room enough
| for the two legal gentlemen to move
about while delivering their arguments.
slim" Dugan, the slender little thief,
whose life was at stake, sat behind Mr..
Davis and drank in every word that
was uttered by his own counsel and the
prosecutor. Apparently he had begun
to realize that the time had
come when it was but a ques-
ton whether he was to live
or die. The sarcastic smile had vanish
ed from his face, and his thin lips were
drawn together tightly. The lines that
run from the corner of his eyes across
the cheeks had deepened into burrows,
and his hands moved about nervously.
1t was few minutes after when Mr..
Davis finished his speech to the jury,
and recess of three minutes was
taken. Judge Jamison in the meantime
preparing himself for the formal charge
to the jury.
In his charge the judge ruled that The
handkerchief and lantern found the
morning after the murder could not be
allowed as evidence, as the state had
not proven their connection with the
case. He instructed the jury that un-
disputed circumstantial evidence should
be taken as true evidence. and that the
testimony of Mrs Harris should re-
ceive consideration. The court then
ruled that if Dugan was found to have
been with the man who fired the fatal
shot, in the eyes of the law the shoot
ing was the act of both men,
Il also charge you," said the
case is neither eXcusable nor justiti-
able" The court took particular pains
to define the terms first" and second
degree" The fact that the defendant
had been indicted by the grand jury
should not remove the presumption that
the defendant was innocent until proven
guilty. Three blank verdicts were
handed the jury, one for finding in the
first degree, one for the second, and one
for not guilty. The jury retired at 5:35,
and Dugan was taken back to his cell.
A short time before o'clock the jury
sent for Judge JamiSon, who ordered
the defendant brought into court. The
jury asked for instructions. ana handed
follows: ''lf the jury is satisfied that
defendant broke into the Harris resi-
dence, in company with Joe White, on
the night Of June Is, and they had in
their possession loaded revolvers,
murder taking place. would that con-
Stltute premeditated murder""
The court instructed the jury on the
question, stating that the condition of
the PERSONS mind previous to the deed
must be taken into consideration. If
the person designed the death. but did
not premeditate it, it would be murder
in the second degree. 1t the killing
had, however. been previously arranged
OF premeditated it would be murder in
the first degree. The court gave the
jury the privilege of asking any other
question they might deem necessary,
but none coming, were asked again to
retire. In the meantime Dugan sat be-
side the deputy smoking a cigarette,
which was handed him by one of the
few people present.
At 1:25 there was knock on the door
or the room where the jury was DELHI
Grating, and the watchers In the court
room looked up startled. Deputy Sheriff
Peterson made his appearance in an
other moment and announced that the
jury was ready to report, having arrived
ut verdict. Judge JamiSOn took the
bench, and Dugan, who still sat in the
chair close to the attorneys table,
looked up at him in manner that was
almost appealing. When the foreman of
the jury announced to the judge
that the verdict was guilty of murder in
the second degree, the unfortunate
prisoner sank back in his chair as
white as the front of his shirt. The
verdict also recommended that the de-
fendant be given the full penalty of the
law. Judge Jamison, before discharg-
ing the jury, complimented them for
the faithful manner in which they per-
formed their duty. He deferred passing
sentence, but will likely perform this
part of his duty today.
When Dugan was taken back to his
cell, between two deputies, his feet
shuff1ed along the floor and his face
appeared fully ten years older than be-
fore the verdict was read.