Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1894-02-15
ATTORNEYS ARGUMENTS.
Lawyers Give Salient Points to
Jurors in the RUSSELL
Baldwin Case.
Continuation of the Prohibition
Prosecutions. 49, A Second
Case Against a Druggist.
Jury Notes and Other Matters
Pertaining to the District
Court.
From Thursdays Daily.

From Thursdays Daily.
Interest in the Russell Baldwin case
was kept up today, and the court room
was crowded, many ladies being present,
to hear the arguments of the attorneys.
The defendants counsel moved that
the court advis the jury to render YER
dict in this case of mot guilty. for the
reasons and upon the grounds: That
the evidence IN the case does not show
or tend to show that the defendant has
violated any of the provisions of section
one of chapter 40, OF the laws Of 1890,
under which section he Is in
dicted; and that the evidence
does not show or tend to show that the
defendant is guilty Of the crime or offense
Of selling Intoxicating liquors as bever-
age contrary to the provisions Of section
| of Chap. ITO of the laws of 1890, under
which section the indictment is framed
aud the defendant is charged.
This motion was hotly argued, but
overruled.
The defense moved to strike out the
testimony of Mrs. Agnes Russell, that
related to procuring Intoxicating liquors
Of the defendant. Motion cverruled, as
it would be covered by the judges in
structions.
This closed the case and the arguments
to the jury were then made.
The address of Prosecuting Attorney
Glaspell was not lengthy. He discussed
the evidence carefully, and made the
timony showed that Mrs. Russell was
sober on entering the store and intoxi-
Gated a few minutes later, on coming out
Attorney Newman followed in an
hours address to the jury, making a
strong plea for his client.
From Fridays Daily.
For lack Of time yesterday The Alert
had to curtail court proceedings in the
Baldwin Russell case, which has aroused
a great deal of local interest. The prose-
cutting attorneys address was not
lengthy. The use of the word beverage
was elucidated; it's meaning defined and
especially it's bearing in this case. The
fact that the testimony of both sides
showed that Mrs. Russell was sober
when she entered the store was also en-
phaslzed. His remarks were confined
entirely to the facts also, as brought out
by the evidence.
Attorney Newman. for the defense, re-
ferred to the prohlbitory law and the
Unborn craving in humanity for stimu-
lus. a demand which ranges from tea
and coffee to the highest intoxicating
liquors. The jury were especially ad-
monlshed not to consider the moral
status of the defendant, but to contine
themselves to the law and the evidence
The intentions of the defendant were to
be duly weighed; they we're honest; he
was innocent OF any wrong intent. The
attention of the jury was directed to the
fact of the hired girl accompanying
Mrs. Russell at the late hour
OF night to the store Mrs.
Russell was not drunk; her actions,
as described by the different witnesses,
were not those OF one drunk from whisky
but those of one insane from the effects
of the laudanum and chloroform which
she had purchased for toothache. This
point was dwelt upon AT some length.
Mr.. Newman made strong logical plea
for his client.
In Judge Roses charge to the jury,
yesterday, the recently enacted law Of
1898 was followed, which declares that
"all instructions given to the jury must
be read to them by the court without
disclosing to them whether such instruc.
tions" we're requested by either counsel,
or not. In the case yesterday the coun-
sci for the defense asked for certain in,
structions to the jury which were given
or refused in the discretion OF the court.
According to the former law the Judge
first read the defendants instructions,
then the plaintiffs instructions, and then
gave his own instructions, if any.
The jury which took the case under
advisement at 4:3O p. N. yesterday are
still out. 1t is thought that they can
not agree
The case Of the state against Winfield
Baldwin, for maintin!ng and keeping a
public nuisance, was called this morning
ard demurrer filed against the indict-
ment by the counsel for the defense. The
defense argued that according to section
13 OF chapter ITO OF the laws Of 1880
which ls a section OF the Iowan prohlbl-