Little Falls weekly transcript. (Little Falls, Morrison Co., Minn.) 1894-19??, 1894-05-04
NO VERDICT YET.
Tn G Weter Case Goes TO the
Jury Last Night.
The Jury Still Out and Will
Probably Disagree.

Yesterday afternoon Mat. Setback
man was recalled to the stand in the
Welter case and testified that on the
morning of December 2 he saw
tracks leading to the back door OF
KOsanke's shop. but that there was
some snow in them showing that
snow had fallen after the tracks were
made.
At 3:15, County Attorney F. w.
Lyon arose to address the jury in be-
half Of the state. He thanked the
court and the attorney for the de-
Tense for the courteous treatment
and the jury for the close attention
they had given thecaS" The defend
ant, he said, had been ably repre-
sented and all the evidence within
their knowledge had been brought
out. lit is no pleasure to- me" said
Mr.. Lyon Ito prosecute this man
who is charged with the murder of
Albert kosanke, nor is it ~ pleasure
to prosecute anyone, but it is my
duty as county attorney to act in
conjunction with the other officers in
investiga ting the crime that has been
committed and see that Justice is
melted out to the criminal. You rep
resent the interests of the people of
this community at large. 1t is for
you to say who it. is who murdered
Kosanke.' He then began a review
Of the evidence in the case and closed
at 5:15.
j. H. Rhodes then addressed the
court and jury on behalf OF the de-
fendant. He cOmplimented the state
for the able manner in which that
side of the case had been conducted
and the zeal shown by the officers in
securing witnesses. The state, he
said. had the treasury of Morrison
county back OF it while the prisoner
was without money and without
friends. MIR. Rhodes then began to
sum up the evidence and talked un-
til an adjournment was taken for
supper. After supper he talked for
two hours and a quarter, making in
all three hours. Judge Searle
charged the jury as follows:
Before instructing the jury in this
case, l deem it proper to thank the
counsel on both sides for the able
and gentlemanly manner this case
has been tried. The case is import
ant; the defendant has been defended
by able counsel and the county at
torney, whose duty it was to prose-
cute. the case, has conducted the
prosecution zealously and ably and
evidently done everything that
could have been done in behalf of the
state. The jury, too, have shown an
intelligent and keen appreciation of
the import ance of their duty.
Now, gentlemen of the jury, the
case has been closed, and it becomes
my duty to give you what is termed
the charge Of the court. This is no
more nor less than a brief statement
OF the law applicable to cases of this
kind. In doing so courts sometimes
refer to the facts, review them and
present them to the jury with in
structlOns as to the law. Such
course, however, seems hardly neces-
sary in this case. The trial has not
been prolonged; the facts and evil
dence are still fresh in your recollec-
ton. I shall not therefore weary
you with any general review of the
facts, but will merely instruct you
as to the law with sufficient fullness
hope, as to enable you to understand
and apply the same to the facts in
the case. You are intelligent and
prac teal men and, no doubt, keenly
feel the responsibility resting upon
you, and the Importance OF your
duty. The prisoner at the bar is
charged with murder in the first de-
gree, and you gentlemen of the jury
are to determine the question as to
his guilt or innOcense.
Under the laws OF this state the
killing of a human being, unless it is
.excusable or justifiable, is murder in
the first degree, when perpetrated
with a premeditated design to effect
the death of the person killed: The
words 'premeditated. design" as
used in this definition, mean thought
beforehand for any length of time,
however short. In this connection
I charge you, that should you pe
satisfied beyond a reasonable doubt
that the defendant killed Kosanke,
the presumption is that it was done
with a premeditated design and de-
liberately." The court instructs the
jury that the law raises no presump-
ton against the prisoner, out every
presumption of law is in his favor.
The law however. as here given,
requiring you to be satisfied beyond