Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1894-07-19
Trial and Sentence of Steve Terrill.

The termination of the swift trial
of Stephen Terrill for the killing of
John Quirk, by a sentence of life
Imprisonment in the penitentiary,
was not generally expected. As to
the justice or injustice Of the severe
verdict the TRIBUNE has no com
ment to make. The case will be
appealed TO the supreme court for
final judgment on that point, The
prosecution on the part of District
Attorney Whitman and Mr.. jerks
was able and vigorous, and will
meet the hearty approval of the peo-
pie for whom they labored Defend
ants counsel, Messrs. Spensloy 81
McIlhon and Fielder, did all that
was possible to bring the court and
jury to see the law and evidence more
favorable to their client. The jury
are representative of the better ele-
ment of American citizenship, and
there can be no question that the
verdict was conscientiously arrived
at after careful consideration of the
evidence and the law as interpreted
to them by the court. The jury
consisted of
Josephus Bailey, J. G. Larson,
Ii. Laufenberg, John Cutler,
Thos. Day, Frank Farwell,
Ghas. Frost, NJ. Dziewanowski,
VIM. Gabler, Edmund Leyake,
o Hendrickson, Thos. Nj. Evans.
Seventeen witnesses gave testi-
mony for the prosecution and six
for the defense. The evidence was
substantially the same as that given
at the time Of the murder, and
epitomized in the TRIBUNE then.
The facts that the two men quarrel
led in saloon March nth, both
having been drinking, and that Ter
rill shot Quirk TO death after the
latter had struck him once or twice,
are undisputed. The details of the
affray it is not necessary or pleasant
to reprint. That one young man
should have thus come to his death
and another to felon's cell is a sad
contemplation, and should have an
influence 70 deter Others from the
associations and practices that led
to this terrible result. Arguments
by the attorneys concluded Thurs.
day morning, and went to the jury
at 9:l0 O'clock, with the following
instructions:
INSTRUCTIONS ASKED by DEFENDANT AND
GIVEN by THE COURT.
fyou the jury believe from the evidence
that the defendant stephen Terrll killed
John Qairl> on sudden quarrel without a
premeditated and formal design 10 do so,
you must not find him guilty OF murder In
the first degree.
Although you the jury may be satisfied
from the evidence that the defendant killed
John Quirk yet II you are satisfied from the
evidence the he had reasonable grounds to
apprehend u design on the part of the de-
ceased to do him great personal injury. and
that there was an imminent danger OF that
design being accomplished, you must find
the defendant not guilty.
II you find that the defendant killed John
Quirli In a lawful defense Of his person when
he had reasonable ground To apprehend that
the said John Quirk designed to him some
great personal injury, and that there was
reasonable cause for his believing that there
was imminent danger of such design being
accomplished you viii find the defendant
not guilty.
When man is unlawfully attacked under
circumstances which denote an intention to
take his life or do him great bodily harm, he
may lawfully kin the assailant, provided he
uses all the means In his power to save his
own life, such as retfeating as far as he can,
or disabling his adversary without killing
him II 1t Is in his power But when such at
tack upon him h 80 sudden and violent that
Il retreat would only increase the danger, he
may kill his adversary without retreating at
ALL
II you believe from the evidence that when
Terrlll fired the first shot he did net Intend 70
shoot Qulrk, but only to scare him, ana that
thereupon Jackson and Grace let go of Qulrk
and he Quirk, then attack Terrill and took
hold Of him and forced him back In such a
way that the latter had reasonable cause 10
apprehend that Qulrk intended to do him
great personal injury, and that there was
imminent danger Of this being accomplished,
you must find the defendant not guilty; pro
vided, you also find that this attack upon
him was 50 sudden and violent THAT a retreat
would only have increased the danger.
pistol Is not a cruel or unusuual weapon
within the meaning Of the statutes Of this
state Ina reference to mansiaughter.
II you believe from the evidence that the
defendant unnecessarily killed John Qulrk
while resisting an assault by Quirk upon
him with intent to do him great bodily In