St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-09
HIS NECK IN PERIL.
Continued From First Page.
Continued From First PaEe,


from which you are asked to draw in
ferences tending to establish the guilt
or innocence of the accused. 1t is I'M
necessary for me. and it would be en-
tirely improper to do so, to call your
attention to all of this testimony in
detail. You have heard 1t ALL and have
given your earnest and careful atten-
ton to 1t as 1t was presented to you.
Your minds have been refreshed as TO
all the important points in an able
and eloquent manner by the learned
attorneys for the respective parties
You are the sole judges of the facts
and or the weight and convincing
power of the evidence The court can
only assist you by calling your atten-
uon to the respective claims of The
state and the defense, and instruct Won
as to the law by which you are to he
governed in considering and weighing
the testimony and applying it to those
claims. Persons do not ordinarily
commit grievous crimes, involving Sc
rlous consequences to themselves. espe
clally when the crime is designed and
premeditated, as is charged against
the defendant in this case, without
some motive. The state claims thar
the defendant had motive in taking the
lie OF Catherine Cling, and that II has
produced evidence which it claims
TENDS to prove such motive. The de-
PENDANT claims he had no such motive
ana that the testimony does not tend
10 establish it. If you are convinced
from the evidence, that he had mo.
1--WE Tor committing the crime. Won NAV
consider 1t as a circumstance tending
10 support the claim of the Defendants
sullt. But If you are not convinced on
the testimony that the defendant had
an adequate motive for the murder
that 1act may be considered by Won as
circumstance in favor of his inno-
cehce. Thus you see that motive NAV
De an important element for Won to
consider In this case, as tending IN
estabilsh the guilt or innocence of tho
accused '--e
The state claims that the motive
Whlch actuated the defendant TO com
NIT the crime was to obtain money and
replenlsh his exchequer; that he had
IolioWed the business of gambling nm
III ne had lost nearly all, if not all of
the fortune his father had given hin, .
tnat ne mad gained the confidence ana
aHeetlons of Catherine Cling: that he
had induced her to enter into the
gambling business with him. furnisb-
ing MN money for that purpose mill
the little accumula tions from her husf-
ness mad been swept away and lost ~
the gambling table; that he realized
that she would be unable to assist him
TO any more money; that in his desner-
aton to continue his disreputable busi-
ness, which he could not do witbou+
more money, he planned the scheme of
getting her life insured for 1.r..a
amount, having the policies ASSIGNED
10 MIN TO secure a fictitious loan and
then take her life and Obtain tho ~,
surance. And if, as a matter of fact
ne old let her have any amount of
money, he got it back from her before
she was killed; that it was imnrob-
apie' IN view of the defendants state
lneht and acts in regard to his finan-
cal matters, that he had the amoup+
oi money he claimed to have had a.
that time to loan; that if he had II wos
that man of in
leillgence, situated as the defendan+
was without employment or anv
other business or means of snnnort
would nave loaned all that he had i,
the world without any securitv av
cept the assignment to him of the life
insurance policies which the defendant |!
"uiiii's were OF no present value or of
value IN the near future. unless |
sue should die; with verbal promise |
lLat she would secure the loan with |
chattel mortgage on the goods that |
were TO be purchased with the MONEY
ioahed-no time being fixed or agreed
upon "nen the purchase should he |
iiiade or the business commenced: that
II Is improbable that he would have
peen so particular to investigate the |
question of life insurance so fully and |
carefully for two months or moro he
lore the insurance was efferted ord
De so particular at the time this 81 OOO !
note was given to have it Witnessed |
and the full amount of money paid
over 10 her without deducting the
Sz,oOO which he was to have back. and
having the assignments of the policies
made to him, knowing at the same
tlme That they were of no value as
security for the loan unless she should
Ole, unless he had intended to realize
out OF the insurance by her death.
On the other hand, it is claimed bv
the defense that this was a bona fide
loan by the defendant to Miss Cling
on the 24th day of November last.
OF $l,OOO; that he had let her have a
snort time prior to that money at
three different times aggregating the
sum OF $3.50; that the 81, 600 was loaned
to her for the exclusive purpose of
being invested in charging her bust