The Dickinson press. (Dickinson, Stark County, D.T. [i.e. N.D.]) 1883-1927, 1896-11-21

county jury and the fact that he was grant
ed new trial by the supreme court. mot
upon question Of merit of the facts In the
case, but upon the questions Of law present
ed at the trial. These different publications
were usual thing and so far as knew
mere references to the case. The pubiica.
ttons did not purport to give history of
the trial at Mandan, with the evidence
against him, and outside Of very few poo.
pie OF our county who might possibly have
seen Mandan paper they could
not know the evidence In the
state that the defendants conduct In
all his appearances before me and during
the trial has been most gentlemanly antl
courteous.
II come now to a very painful statement.
because 1t reflects more upon the attorney
defending him. l refer to two facts, name
y. his manner Of iinpaneling the jury and
the questions he prOp0undetl to them; and,
second: to tho hostility that he 30 plainly
showed during the trial. not only to the wit.
nt1sses. but 10 the court ofIlcois. | do not
Know from the records how many jurvmcn
were summoned. but I think l would he
safe In saying that there were at least 1GO
different men called. OF these a number
were excused on account of sickness or
some other excuse, but to a large number Of
the men called for the jury, which included
our most prominent and leading citizens of
the city OF Fargo and the county of Cass.
this question was propounded to each and
every one Of them without any exception so
far as l now rccollect. After such prelin-
answered. he asked this question: Have
you formed or expressed an opinion as to
Guilt or Innocence
Of the defendant: and to which each Juror
invariably answered Yes The next ques-
tton: Was that opinion for or against the
defcn,lant:' The answer was: Against the
defendant OF all that were asked that
Ques;lca there were only two whose answer
was favorable to the defendant, and one Of
these llc:rs In particular. whose GEsw, IS
caused the counsel for the defendant to
grow tiSs:aticnt, was asked: without hear
Ing word Of the evidence in this case,
sitting there as juror. based upon what
you nave seen In the newspapers and what
you have heard. would you m with. to
bring In verdict Of guilty against this
man! His answer was Yes And hang
him? Yes
''As to the effect Of the counsels temper
and his giving vent to 1t at times, / do not
care to make any statement in the absence
OF the counsel: only l wish to emphasize
the fact as part Of the history of this
case. and l cannot but believe that the de-
fendant was prcjudiced thereby, although
the defendant himself had done nothing on
the trial to call for the slightest criticism.
In making this statement OF the counsel ]
think 1t but fair to state that consider him
q bright young man, good lawyer. one who
always comes into court with mis- eases pre-.
pared; and while can say all this for him,
yet cannot refrain from making the state
ment at the time because your attention
has probably never been called to this be.
fore.
1T might be suggested by you whether
I hot %i,n lnRn
In a prejudicial position or II n possibility
OF the innocence Of the defendant had been
put before ME. To that answer that a.
to the prejufiicial part Of It, relative to cru.
paneliing the jury, that was never urged
before me and does not appear In the rec
ords of this case. The reason for this Is
apparent. because the defendant Is acting
all the time through his counsel and along
with the counsel. This, then, Is the same
as II the defendant himself had done it. and
therefore, these facts which have called
your attention to were matters which were
brought about by the defendant himself,
through his counsel; but IL that should ap
pear upon the records the court would say
most likely that that Is their own fault
and they ought not to be heard to com
plain.
"A trial judge. upon motion for new
trial. cannot set aside the verdict, even
though he did not believe the witnesses
who have testified in the case. To do SO
would make the verdicts Of the jury null
lity and leave the matter arbitrarily ut the
discretion Of the court. The statute says
Questions of law are not for the court
questions Of fact are for the jury vi
course 1t is the duty Of the trial judge to
find that there are sufficient and competent
evidence to go to Il jury to warrant a con
vlctiOn, but as to what credit should be
given 1t Is entirely with the jury and with
which the trial Judge has nothing whatever
to do. Communication of this sentence to
life imprisonment is not miscarriage OF
Justice, even il the defendant is guilty In
fact. Our law says that life Imprisonment
Is an adequate punishment, and also says
that the death penalty ia, but as to which
it Is left to the discretion Of the jury. The
carrying out OF the death penalty, however
forever forecloses possible mistake"