Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-12-27
Verdict Rendered About 7 o'clock Last
Night, the Jury Being Out
Twenty-six Hours.
The Defendant Discharged From Gus
tody-The Case Against His
Wife Set for May.
THURSDAY,

when he talked that way, that the jury
IS merely an intervening medium-that
here is a law cause and effect-that
crime is the cause and disgrace the effect.
had pleaded for his client on
The ground that he belonged to the
brotherhood of man. How about
Severson? Did he not belong to that
brotherhood? Apply the brotherhood
principle all around.
Mr.. Miller then compared the story Of
the boy, which he claimed was the true
and the story of the defense which
he insisted was false. He said that this
is a case that calls for earnestness; it is
question nor momentous than the
liberty or the life of the defendant: So
ciety is on trial; shall it go forth that
the red-handed assassin a come up
to this county and get acquitted?
MI. Miller finished his speech at 4
o'clock and the Judge then delivered
his charge to the jury. The charge was
in writing, and was taken by the jury
into their oom when they retired.
The charge reminded the jurors of the
oath they had taken;told them that they
must throw any and all prejudice and
and sympathy;that their duty was to call
to mind the evidence, and find there
from facts upon which to base a verdict.
Homicide vas defined. The jury were
informed that every person convicted of
murder must suffer death or i'm
prisonment for life at the discretion of
the jury. The rule was next given as to
the credibility of witnesses; also the
rule of presumption of innocence and
the fact that the jury must not be in
fuenced by the fact that the defendant
does not go upon the stand himself. A
reasonable doubt was explained exhaus-
lively. The jury was warned against
being influenced by personal opinion ad-
vanced on the one side or the other by
the attorneys. The evidence and not
opinions are to guide. The subject OF
motive was touched upon. The ques-
ton of intent was elaborated. The law of
an accomplish, which in this state makes
an accomplish a principal, was quoted
The section of the law was given which
states that a person cannot be convicted
of crime on the uncorroborated testi-
mony of an accomplish, and the zorro
boration is not sufficient unless it tends
to connect the defendant with the com
mission of the crime. Circumstantia]
evidence was defined and an explanation
given as to how it should be weighed.
Reference was made to the evidence Of
fered or both sides as to the good and
bad character Of the defendant, and the
jury were informed as to how it should
be considered. The law of conspiracy
as it might refer to this case, was ex.
pounded. A number of suggested ques
tons were given, which the jury would
in all probability ask, after they retired
to their room, and the judge again urged
the jury to be guided solely by the evi
dence and that alone.
The jury retired at $50 b.. m.
The jury in the case was. out until JUS
noon today, when they came in for the
first time. A communication was sem
to Judge Winchester by Foreman B. A
Schwab, toward the close of the fore
a.Hr.|eaHa. - .E -, .r#. VIZ
noon, asking that the jury might be
permitted to have all the evidence OBJ
tainable, both that given at the inquest
at Medora, and at the trial here, tc
assist them in their deliberations. Ac
cordingly, the jury was brought into
court room, to receive an answer
to their request. There were pres
ent when the jury came in, the
officers of the court, the defendant
Mark Wadsworth and.his attorneys, and
General Hughes as counsel for the state.
together with a few spectators, who
thought some kind of an agreement
might have been reached. Foreman
Schwab was asked if the jury had agreed
upon a verdict, and replied in the mega.
tive. Judge Winchester then read the
request which had been made. and said
that the law made it impossible to grant
it. He stated that if, during their de:
alterations, the members of the jupy dis
agreed Is to what was the testimony
which had been given on my point, il
could be read to them in presence of the
defendant, and the counsel in the case
The jury then retired again, with in.
structions to return into court if they
should disagree as to any part Of The
testimony which had been given.
FRIDAY.
Not Guilty.
The jury in the Wadsworth murder
case arrived at a verdict at about
O'Clock last night. Shortly before that
time, a bailif was notified that a verde,
had been reached and set out to sum
mon the court officials, attorneys anc
the defendant. Thenews that a verdic'