The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-10-19

cumstances. pointing TO the Defendant
as guilty, hnNc been proved So that
from a consideration 81 al the eg1dsns.
In The case there II M reasonable doubt
in the minds of the jury a. 10 the guilt
."f the defendant Direct and positive
testimCly Is not necessary 10 prove the
intent u may be- Inferred from facts
and circumstances shown by the evil
dence.
The Corpus Deficit.
No man may b. convicted ~ a
crime until what T. known A. the cor
pus deficit has been established by the
prosecution. And Gnlrss you are coh.
vilced by the evidence In this case. b.
y1nd a reasonable doubt that Louisa
Iuetgert died az thu time charged Ia
the indictment. and also that she came
10 her death In a manner and form s,s
charged In the Indictment. In such ease
u Is your duty to acqult the defendant.
Tn prove the corpus dslicti. the state
Is r'.puired 10 produce only such lrgal
'Nid' pcr as establishes in the mind II
the luit beyond a reasonable doubt a
""nyir tion that the murder charged in
the Indictment has been, in fact. COM
mtt'a in manner and form As charged.
and thar th~ defendant is guilty Of it,
commission aud IL matters not that
IN" rrp"f NJ such corpus deficit con-
! sists. in Wind" or IN part. III cirrum-
stauti.l o.. ldrnrr. provided IL " suffi-
I 'ient iu satisfy the minds uf the jurors,
beyond q, reasonable doubt. of the COM
mission "f the uf6nse charged
While the statute of the state pro-
Nides that a pcrsnn charged with
crime may testify IN his own behalf. he
Is not under any obligations TO do so.
and the statute pXpfs sSsly declares that
/ hls n'glect tn testify shall not create
any presumption against him.
silence as still as death p-ryaded the
packed court room while thu Judge VAS
pading his Instructions. His voice was
( clear and strong and even ihs thronx
which vas wedged into th.. corridor
outside the court room heard every
word. The jurors stood and listened To-
every wnrd attentiveiy.
When Judge Tuthill ceased reading
and reached for the different forms Of
verdicts that had been PREPARED. there
was a movement In the court room.
Men and women swayed hack and
forth. and IN a minute or two every
I person N tho court room was standing
IN = seat. Tho baiiiffs did not attempt
g. make them take their STATS and for
once the rap ~ the bailin's hammer
was unheard. Luetgeri sat looking ut
the court. with his eyebrows wrinkled
and his face settled into the scowl
Whl'h mas marked ~ from the begin
nlhg, IN couple "f minutes the crowd
nsd o's"'nr lulet. Ihen Judge Tuthhi
Hah inc dinefeni forms "f Nerdicts.
which snciuded one for murder provid-
ing for the death penalty. and fixing
IN" penalty al lfe imprisonment the
third providing for term ~ imprison-
ins nt of not less than u years and the
t"urih was Tor not guilty,
As Judge 1uthlll finished the read
ing ne looked up az thr Jurors aud
satu ''atlt men. ynn may retire and
c"nsinet your verdict.
Almost n Panlr.
Immediately ,ber.. IA. an ,,r... A.,
IN. cou,t roem ps.,,,l, uh., h.a -.
sitting 1oun aro.a ~ ,n.'a. C., 80
The shouta ~ tb.. h.i,,sr. ,,rd.ri--
everyone ,o 81, dovn" .y,,lst n.sr-
took up every inch os -nac.. ,o xhsrs.
the circular fenc. ba rrcd ,hs,r sro,,
the attorneys Wom,.n almost tainted
I'm m. .r,,sh and ,h,,,. a...,,,',,'s 80
h.adgear suffered Tn. cro,xJ xa.,,,sd
Ia uant "a Ga, n..r A., In.tv.r, An
wanted to see hou, tha M. s.u..y.
maker stood the anal ord.aI now ,hs,
his cas-. was in the hands ~ ths ,nrx
While The tumult Mas going on I.i,.
Iffs coun,r and Wol,ot, w,re sworn hv
IN, cl,yk ia r.Ls ,h,ry.. az ,ha ,,,..
This formnIltv ,v.r Inc tx., men ,srn.
ed and took charys ~ IN. tury wn.n
IN. ~ men m.rcb,J ON, ~ the room
a mam.nt later 4. ,b, h,ry room a.
ipfnipy !, siyh ~ ,,.lief ,v.n, ,,, fr.,,,,
IN. excited thfopy
Juae. T,thiII .,,,e,.d the roor,
,l,ar1d ana an,ounc.d ,h., no wou,S
adiourn sonrI nn,i, : o,c,".t I'm, sss,