St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-23
MURDER, SECOND DECREE.
THIS WILL GIVE PHILIP RICE A LIFE
SENTENCE.
JURY OUT ONLY TWO HOURS.

stration When the Verdict Is
MISUNDERSTANDING Up of the
Lawyers and Charge Of the
Judge-Another Murder Trial
for Next Week.
The trial of Philip Rice. alias Charles
Fisher, for the murder of Joseph Herda
went to- the jury at o'clock
Yesterday afternoon. There was OIL.
iy one witness offered in rebuttal by
the state. The name of this witness
was Michal Cleary. and the first busi-
ness of the morning was his testimony.
He said that he saw Rice On the night
OF Oct. 81. ten days before the crime.
and that Rice had mustache at that
time. Cross-examined = First recog-
nlzed Rice from picture i'll paper
soon after Rice's arrest.
Pierce Butler then summed up for
the state.
In opening Mr.. Butler said that he
would be as brief as possible, and he
was true to his word. His recital was
very interesting and concise, covering
all the points the state had attempted
to prove, and linking them together into
eIrcumstantial cham of great strength.
Mr.. McGhee said, on behalf OF the de-
PENDANT, that during all his experience
ne had never felt it his duty to appeal
with such force to jury. He claimed
the prisoners face was no criterion for
Justice and said that the prisoner
could not get work at the time of the
crime because of the hard times.
AFTERNOON SESSION.
Judge Kerr opened the afternoon ses-
Sion with the announcer ent of the
death of Judge Willis wife. which oc.
Cured in the morning. His honor said
that he did not feel that he could ad,
Journ his court at this delicate junctura
III the Rice case.
McGhee then resumed raklng those OF
the police force that testified. including
Deputy Sheriff Picha and his father,
over the Goals. One remark he made
invoked much laughter and SO aroused
Judge kerr's Indignation that his honor
said II the disturbance was repeated he
would clear the court. Mr.. McGhee's
speech occupied two hours.
Judge kerr's charge to the jury was
most comprehensive and was practically
similar to the one delivered al the first
trial. He read extracts from some in
structIonS the defense wished given,
and followed these up with his own. He
read the different degrees of verdict,
told them they must consider the de-
PENDANT innocent unless proved guilty
beyond a reasonable doubt. and then
defined the measure of reasonable doubt.
Judge Kerr thea sent the jury out at
4:2O p. ID. with the following grave
caution: Upon you rests tie verdict
in the case. l caution you to
look OUT for the rights of the defendant
and the rights OF law and liberty"
MIR. Butler expressed himself as think
ing that Judge Kerr's Instructions swers
as fine and comprehensive Us his honor
has ever made.
MURDER IN SECOND DEGREE.
The jury was out less than two houra
and returned into court at CLIO with
verdict of murder in the s.cond degree.
The penalty for this offense is imprison.
ment for life. Attorney McGhee was
in court, but neither the county attor-
ney or his assistant were present.. Rice
looked on with his face flushed and ami.
mated, but did not give expression to
word in the court room, but looked
sullen and fierce. there were but few
persons in the court room at the time,
but among them were some friends of
4hCOs aAt0l bCiuk tdhcu DdCh u HIS
cell the prisoner told some of his fellow
prisoners in dogged way the result,
and said that the mustache spoken of
by witnesses in the trial was give
away on the case. He was not demon
strative, and early in the night went to
sleep in his cell bunk. No movement
has yet been made to sentence Rice. but
the county attorney will doubtless move
for sentence within day or two.
County Attorney Butler has made a
remarkable record, and this is another
test of his ability as an official. The
next case to be taken up is that of
Charles Erinersch, who is indicted with
Wonnigkeit, for the murder of Lindolf.
This case will probably Ee called for
trial Monday, as it is believed that the
man will be we'll enough to be brought
into court at that time. There is bare
possibility that he will plead guilty in
the case, following the example OF
Wonnigkeit.