Bridgeton pioneer., 1894-05-31


the Rravest that had ever been his
duty to present, the killing of a human
being, by person while committing a
burglary; the status of the crin 9 he
had referred to before. The act of
burglary alone was one of the gravest
In the crimntal calendar; the burglar
ly OF a quiet household, surrounded
with peaceful slumber was one Of the
grave characters, and when In this
burglary the life of an employee, who
Is endeavoring to protect the property
of his employer is taken, the crime is
Of double gravity.
The Prosecutor then went. on to
show how a burglary can be consti-
tuted, and to show how the burglar
possibly made an entrance into the
house through the kitchen window, as
detailed by Constable Nickerson In his
testimony. The indications pointed
strongly to the burglar having effect
ed an entrance by this window.
Carefully, anallyticalily the Prosecu-
tor goes through the evidence OF the
States side, giving clear theories of
how Feihl had, after entering the
house and robbing the upper rooms,
opened the side door, gone out into
the yard with the pants and other
articles, examined them and thrown
them into the barrel, then returning
to the house through the door which
he left ajar. When he was discovered
by Fischer he did not feel sure of his
chance of getting out the door again,
so sprang out of the window. "Now
who was that burglarf' asked Mr..
Logue. ''It there were two men, one
OF them must still be In the house, ac.
cording to the theory of counsel for
defense which Is an absurdily."
Fischer says that that man who sits
there is the man he saw in that
store, said Mr.. Logue, as he pointed to
Fiehl, and that Identification has not
been disputed.
2 Kiss did not say to Mr.. Yerkes be-
fore he died that the burglar wore a
mask, as the counsel for the defense
had held he did, for Mr.. Yerkes' testi
mony was to the contrary.
He disposed of the contradiction by
Frank Bray of Ernest Fischer by
showing there was nothing in it and
conclusively showed that Mr.. Fischer's
testimony stood unimpeaohed.
The State relies largely upon the
watch to connect Feihl with the rob.
berry, in corroboration OF Fischer's tes
timony, said Mr.. Logue. The jury, he
said. must be convinced that the same
man who took the watch committed
the burglary.
Louisa Feihl, the sister.ir-law, did
not divulge the possession of this
watch until she was compelled to; she
concealed all the evidences of hel
brother-in-law's crime until she was
compelled to divulge them; she vol.
unteered no information.
Prosecutor I.ogue closed his argu
ment In the same calm manner In
which he had commenced 1t, and
claimed verdict at the hands of the
jury.
Judge Reed began his charge to the
jury Immediately after Prosecution
Logue had concluded his argument
His charge was strongly in favor of 9
verdict of murder in the fist degree.
He said, In part, as you are aware
gentle men, the defendant stands
charged with murder. It is Admitted
that on the morning OF November 3rd
last, Christian Zaiss received number
OF wounds from a sharp instrument
three of which were very severe; he
died from the effects of these wounds
five days afterwards.
The rule of law Is that where per-
son makes a wound with an instru.
ment upon another which causes
death, he Is responsible for the death,
and erroneous medical treatment oi
the wounds will not relieve him from
the responsibility for the death even
though the death is contributed to by
erroneous medical or surgical treat.
ment, the party infilcting the wounds
Is the one who is responsible for the
death.
Nov, who inflicted these wounds
upon Christian Zaiss ?" asked Judge
Reed.
"You have here" he continued, two
classes OF evidence against the prisoner
at the bar connecting him with the in
Fiction of the wounds; the one the
law calls direct evidence, and the other
Is circumstantial evidence"
He said the evidence of Ernest Fis-
cher was given as the direct evidence,
which he said, led to the belief that
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