The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-09-12

accused. Daring The afternoon be Agaia
referred 70 Rothsr, ssYtngs
~Auorx tie zus1lencs IA this roona -
mas whn e14ta ted n 1ch eboat the trag-
cdr st tke MeIser houss-ths r1an whoEa
the state refused % put Ga the stan1-Au-
gast Rotoer. Wousd that be would tel
what lie knows
This statemens wss rsssIvsd vita pro
found estonishmenk TIE impressioa had
become general thss Rother had Ted. fear
ing the consequences 81 m examination N
court Al this time Rsther was standing
rear the attorneys entrances 20 the ROOM
Another fsatars Of the address vas the
following statement:
There vas slso in this room this very
morning = man who knew JACK Qatncy IN
CaliforDia. ard fhas man yesterday wanted
to SPEAK 20 counsel for the defense, bat
vas unable 10 do 20 because the door vas
Locked lie coaid prove bsyond the per-
adventure Of doabs that Jack Quincy u
no myth"
Dayinr the last fSfty minutes Of Mr..
soderberg's address Prosecuting Attorney
John f. Miller bad been pacing mp and
down the floor. evidently eager TO taks
his place before the jury and answer the
attacks that had been made upon bis as
socsats, Mr.. Mcbride, aud the long line Of
witnesses for the state.
MILLEE HRS Rack.
At Eve minutes after he began bis
address, and ably reviewed the testimony
and defsaded the character Of the men the
state had pat upon the stand. The speech
bristied with the fearful facts connected
with the murder, and logically pointed 20
the accused a. the perpetrator OF the deed
At o'clock Judge Humes asked Dir.
Miller 20 suspend his remarks, and ad-
iourned court until $780,
The evening session was attended By
the usual crowd. and those OF the audience
TO arrive . few minutes late were COM
PEELED 90 stand Mr.. Miller resumed bis
address and spoke until O'Clock. The
prosecuting attorney placed especial stress
upon the flaws in Crssmsr's testimony.
OF the reported trip from Tacoma he said:
eff there 10 anything on earth that will
attract the German IL Is music. Mr..
Booth was az the stern Of the Flyer. and
he heard the music. And Mr.. Booth
comes here and positively Gays that
Craefner was not on the boat"
Then, with skillful review Of the case.
he closed:
Every link in this chain OF evidences IN
here. There is only one thing that would
assist me further. and believe that there
is only one IL ng that would assist you,
gentlemen OF the jury. TO find more con-
elusive evidence Of guilt than has been
placed before you, and that is the pris-
oner's own confession. But you never
will receive that. either from him or from
his attorney, for 10 confess his crime
would be TO put the moose about his own
neck.
.Taks the evidences that has been given
N -
shall have given a verdict In accordance
with the evidence in this case, the prose-
cutting attorney OF King county viii feel
that he has done bis duty"
INSTRUCTIONS TO THE July.
Judge Humes instructed the jury that
the verdict should be either murder in the
first degree or aeqaittai, overTuling
motion of counsel for the defense asking
that the instructions allow q verdict of
manslaughter. After the usual formal
statements the charge reads:
"The court instrncts you that murder In
the frat degree Is defined By the Law of
this state as follows:
asEvery person who shall purposeiy and of
his deliberate and premeditated malice. OF In
the perlstraItOn or attempt to parpefshte any
rape, arson, robbery burglary. or by adminis-
tsFing poison, or causing the same 10 be done
shall be deemed guilty OF murder in this nrst
degrsa'
EFF you believe from the evidence be-
yond q reasonable doubt that the defend
ant killed the deceased at the place and in
the manner and form as charged in this
information; that at the time the defend
ant struck the fatal blow he had formed
the deliberate and premedltated purpose
and intent to kill the deceased aud that
he struck the fatal blow with the inten-
ton OF ehecting that purpose, you will
find the defendant guilty.
"Ths court instructs you that the law
presumes that every sane person contem-
plates and intends the natural, ordinary
and usual consequences OF his own yolun-
tary acts unless the contrary appears from
the evidences.
sThe acts constituting the offsnse and
connecting the defendant Herewith may
be proved by eircumstantial evidence.
Circumstantial evidence Is legal and COM
petent in criminal cases. and IL it 10 OF
such a character as 20 exclude every rea-
sonabie hypothesis other than tha the de-
PENDANT Is guilty, IL Is entitled TO the same
weight rs direct and positive testimony.
To authorize q conviction upon
circumstAntial evidences alone the circnm-
stances must not only be in harmony with
>zhe guilt OF the accused, but they must be
Of such . character that they cannot rea-
sonably be true in the ordinary nature of
things aud the defendant innocent. .
ton of all the evidence IN the case you De-
Iieve beyond q reasonable doubt that de-
| PENDANT is guilty. in manner and form as
| charged. you should say so BY your ver-
diet, unhampered by any considerations Of
the punishment the. law imposes. or con-
sidsratsons OF any false feelings OF sympa-
thy you may have Tor the living. On The
other hand. If after 50 considering AL the
evidence you have a reason able doubt of
his guilt, you should aequiI
THx DIR ENsE ExeKPTA
Counsel for defense excepted TO the In
structions (1 that the court had refused
TO charge that the verdict might Re murder
in the second degree; t2l that the court
had refused 20 give instructions handed in
by the defense and lsl that the entire lat
ter part Of the charge was unfaTorahls %
defendant. The special instructions pse-
pared oy the defense contain fifteen para
| graphs. and in effect are As follows;
'sThe fact that defendant made false
statements az 10 his Whereabouts onlsae
night Of the murder; that q hammer was
| found in the house OF the deceased: that
rnones Was found on defendants premises
after the crime was committed. in sums
corresponding 10 the sum stolen from tue
Melier house; that the defendants giving
money 20 bis wife after the crime charged,
are recoEciliable upon the theory Of inno-
ceuees that noRe OF these in Itself Is sun
Gent 20 eoavict she accused. +"
The fifteenth paragraph is given in fnlI
Ell the state has failed to prove beyond
a reasonable doubt that the Supposed
blood stains upon the hammer handle
were human blood. thea ven have no
rfFht To conclude that Il AS human blood.
and yea must give the defendant the bsn-
80 ~ tha doukt and not eaaalaer that