The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-02-12

punishment, ana SUlll De meTcllul, dHu
the fact that the jurymen were re-
quired to answer that they were not
opposed to capital punishment before
being accepted, does not mean that
they are heartless.
Mr.. Young spoke of the different
kinds of homicide. One kind is ex-
cusable, another is justifable. Then
there is the criminal variety, divided
into murder in the first, second and
third degree, and manslaughter
in the first degree. Mr. Young
defined each kind. Murder in
the first degree involves an intention
al and premeditated design to effect
the death of the party killed. Pre-
meditation is planning and turning
over in the mind.
The state is required to produce a
motive, and it brings in that the girls
uncle, the deceased, was opposed to
her marrying Crook. The.latter could
have married the girl despite Bornt's
objection. If Crook went out to shoot
Bornt, he must know that he could
not marry the girl for he would be
sent to states prison. He went out
in broad. day light and according to
the state, does ,thesvery thing that
would cut him off from this girl
Such a plan would be the act of
crazy man or fool and the state
does not contend that Crook is crazy.
If Crook wanted to kill Bornt he would
choose.some other time when it could
be Gone in secret and would not be
found out. Crook went out to see
Bornt to find out why he was talking
about him.
Crook and 1.-The girl may have
stolen" to Winnebago City and
Fairmont, but they did it in public
with their friends. They stayed
with friends, and this is what the state
undertakes to blacken the girls
character with and base a romance
upon and get basis for motive
The girls father and mother were
living in Amboy, and if Bornt had
shown half the care and protection
for his own wife when he was Iiving{
with her taht he did in this girls case,
perhaps this trial. would not be on to-
day. Arman's reputation is what peo-
pie think lof. him. If a man has to
break the criminal code before he can
go to hades, heaven will be full and
the other place empty. This is not
case where money is the motive, and
where premeditated murder is COM
mitted to get it. If this is a preme-
ditated murder it is the first of its
kind on record. The county attor-l
ney had to disparage some of his own
witnesses to make out his own case,
and in order that the blood of this
young man may.fowson this beautiful
hill. He takes some.of. their evidence
and then turns them off by calling
them buns. If Crook was planning a
murder why did he not take both
revolvers from the livery barn office, |
as both were large, instead of one that
was too small for his purpose, accord
ing to the states evidence. 1t is pos
sible that in the excitement of the
occasion, Frank Latin misunderstood
what he says that Crook said to him
after the affair. A man who had
premeditated murder would not tell
several people about it.
Crook took two revolvers because he
was going to Geo. Van Norman's, and
was going hunting with boy who did
not have revolver. He showed thea
revolvers to Gertie Smith and Nellie :
Killmer. If he was premeditating*
murder, he was making witnesses
against himself right along. If Up to !,
this point he was premeditatlng MUIR
der, he must have been lunatic The
next thing that Crook does is to hire
an audience to the murder which he
was intending to commit, as the state
says. Who ever heard of a man TAX
ing witness along to swear his life
away? Crook did not know where he
was going to,meet Bornt when Jesse
Decker drove lin out to the farm
What prevented Crook from firing
the shot into Bornt as soon as he first
went into the barn? He passed by
Bornt and put the latter between the
exit and himself. The Bornt family
is liable to be prejudiced as well as
other witnesses
A recess was taken at noon until
200 p. m.
The court room was densely packed
this afternoon long before two o'clock.
large number of ladies being num-
bered among the audience.
Mr.. Young resumed his argument
at promptly two o'clock. He opened
by referring to the evidence given by
the Bornt family, and said that it was
not necessarily true because they had
said it. But admitting that Mr..
Bornt, Sr. had intended to tell the
truth, he may not be unbiased.A
The three members of the familM