The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-08-11
LUGRIN Is GUILTY.
The Jury Convicts Him After
Brief Deliberation-
the JUDGES INSTRUCTIONS.
Editor Of the ssTeIegr.ph" sniify Of
Criminal LfbsI-To BE sentsnesd
Ioday-<stfes az Appeal


done after striaI which lasted foar day-.
ard even q. khas vas much shortened y
the tactics of both parties.
A large number OF spectators were
present when the court opened ~ 1913
O'Clock Judge Glasgow had not yet re-
csived the typewritsen INSTRUCTIONS high
he had dictated TO Daniel &. Kennedy.
the st<nographer. In order 70 gre the
j1rymen . chance TO get 1.-THE fresh air
he disn .ssed them for han an hour. The
court rezssembled shortly before IL O'Clock.
and q few minutes later KsrsIedy came
hnrriealy into the court room with copy
OF the instructions.
Judge Glasgow then read ths informa-
ton and also the statute on ghica the
prosecution was founded. Then he de.iv-
cred his insfrucksens to the jury, a. fol-
lows:
"GsntIemen Of the jury. you are the
sole judges Of tire facts in this cage. The
weight 10 be given 10 the evidence, and
the credibiliry Of the witnesses-W these
matter. you are the exclusive judges l
have no right 10 comment upon the avi-
denee or 10 seek TO influence your iudg-
ment upon any question OF fact m the
case. The determination of zoe questions
OF law involved in this case rests, how-
ever. not with you, but with me az the
Judge Of this court; and whatever l M
strnct you is the law, that is the law OF
this case; the law which IS 10 govern you
in the Performance of your duties az
jurors With the fact. IN this case i have
nothing 10 do: with the law OF this case
you have nothing 70 do further than 10
follow my instructions.
This Is . criminal action, and the de-
PENDANT is to be tried upon The theory that
he IS INNOCENT of the crime charged The
burden Of proving his guilt is ur0a the
prosecution, the state, and in order TO &C
complIsh that end ie muss prove, beYInd
reasonable doubt. every fact. INGREDIENT or
element necessary to constitute theoffense
charged.
These are the facts in this case which
il is necessary for the state to prove and
Leyond q reasonable doubt. in order TO
warrant a conviction at your hands:
"FIrst-That on or ABOUT the I'D day of
June, A. ID. 1894 there was published and
circulated in the city OF SEATTLE, King
county. state of Washington. = newspaper
knoxn as the Seattle Telegraph or Seattle
Daily telegraph
..second-ihat on or about tina. day,
and in that paper SO published and circn-
lated, was this certain article set forth IN
the information or complaint herein.
The Judge then read the libelous article
and continued:
''Third-That this article was made,
composed and published of and concern
ing Bolton Rogers. the complaining wiI-
ness in this case. and that the article
meant what the complaint or information
herein alleges il 20 have meant. Portions
OF the complaint or information, setting
forth the meaning ofrhe article with ref
erence to the complaining witness, were
read.
''Fourth-That Charles H..Lugrin, the
defendant, made, com posed or dictated, or
procured the same 10 be done, or that he
published or wilfuhy Circulated thar afti-
Gle, or that in some way he knowingly and
wiifuliy aided or assisted in MASKING puo-
fishing or ciBcaaatiDg that article.
IF from the evidence you believe the
foregoing facts 10 have been proven be-
yoTId a reasonable daHbt, the defendant
should be convicted of the crime charged,
and your verdict should be guilty; other
wise il IS your duty 10 acquit him, and
yoar verd4ctehould be got guilty.
a'In order tc accomplish a conviction il
is not necessary FOR the state TO proye by
direct evidence she defendants connection
with the particuier article in guestian, but
il the prosecutions has proven 10 your
satisfaction and beyond a reasonable
doubt that at the time said article as
published the defendant was the editor.
or the managing editor. OF the
peared, and that as ssscA editor
or managing editor had the super
vision. management and centrof Of all she
matters and things published in said
paper, or in thar part thereof wherein the
alleged article appeared, and that 1T said
ume he exercised said mowers and duties
or If you believe from stAe evidence tn al
the defendant authorized generally. as
such editor or managing editor, the publ
cation Of matters of the same kind and
character concerning the said Bolton Rog-
ers, al the time said article appeared. then
you are warranted in believing that she
| defendant made composed or dictated, or
| procured the same 10 BE doue, or that he
published or wilGfulIs circulated that
/ hr$icle, or Knowingly and vilfuly aided
I or assisted in making publishing or cir
Gu at ne the same. oo zen 500
| alt IS not necessary for the state 10
| prove che falsty of the article in question
/ in the absence OF evidence tending to
show It's truthfuness. and that il was pu b.
lishe@ with justifabie motives. The truth
or falsity of the article j. not matter for
you to consider, and no presumption
should arise in Your minds against the
prosecution or In favor OF the defendant
because Of a failure on the part of the
state 20 prove that which it was net ueces-
sary or proper 10 prove. $500
mo inference OF guilt Sd all arise in your
the fact that he has failed tc testify as q
witness in his owB behalf in this case.
"A reasonable doubt Is an honess doubt
! "a doubt that arises spontaneously in
your minds from tire evidence in the case.
| IL IS not imaginary, but real. Ii is not
sought after nor iRyeBted by YOU. through
sympathy or other feeling 10 excuse the
defendant. IL Is such doubt as i man OF
Ordinary prudence. sarisshIl4ty aaA deci-
sion. in determining an issue of like con-
Germ 70 himself as that before ths Jury 10
/ thadefcndant, would alsSw To have any
iniiuence whatever upon him. or cause
BIN To pause or hesitate on arriving AZ his
determination. IT, after esndidiy consid-
ering all the evidences IN the case you are
honestly IN doubt upon seine Material fact
which il is necessary for the state 70 prove,
then the defendant ID entitled to tile Oene-
TT of the doubt. Ii you can honestly saw.
after reviewing all the EVIDENCE, IN regard
20 a single maseriag fact in issue, Il 40 not
know. | am not certain your verdict
should be not guilty; otherwise your YER
dict shoa8d be guilty as charged"
The Jury retired shortly after III O'Clock
| and returned with verdict in fifteen
inmates thereafter. The verdict vas thai
| Charles II. Lugrin was guilty as charged
After the verdict had been annonnced
I W. f. Crews, for the defense, gave notice
/ Of an appeal TO the superior court Mr..
/ Crews vas informed that he coad not Tile
/ ah appeal until after sentence had been
/ passed on the defendant and he accord
/ lngly withdrew the notice
Judge Glasgow amounted thai he would
/ pronounce sentence on The defendants 81
/ 10 o'csoc& this morning.
| On the hrst ballot the lary stood nine in
/ favor of a verdict OF guilty. as charged. On
/ the second ballot the vote vas eleven fol