The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-08

CONTINUED from First Page.)
Morrison. Each count of the information
charges murder in the first degree and
included in each count are the inferior
offences or degrees of felonious hom1-
eide, of murder in the second degree and
nanSIaughter in its several degrees.
The instructions continue:
1.-The defendant is presumed to be in
nocent until the contrary is proven, IN
nocent of the offense charged and inno-
cent of each and every essential element
of such offense. The burden is upon the
state to establish the guilt of defend
ant by the evidence, to your sat
fsfaction beyond reasonable doubt,
and If, after a consideration of all the
evidence in the case, you entertain rea-
sonable doubt whether her guilt is satis-
factorily shown, she must be acquitted
and if you entertain reasonable doubt
as to which of two or more degrees of the
offense charged she is guilty, she may be
convicted of the lowest degree only.
considered ali the evidence in the ease
men, Shout entertain a reasonable doubt
of the defendants guilt then the jury
can not find the defendant guilty"
Judge Shinn defined justihable defense
IF Clara Wiley Castle made an unlaw-
full assault and attack upon the defendant
to believe that she was in danger of be-
ing killed. or Of receiving great bodily
had a right to take such steps as to her
under the circumstances, reasonab bly,
own life or to save herself from great bod
lily harm, even to the taking of the life
of said Clara Wiley Castle"
Judge Shinn told the ejury that if they
believed beyond O. reasonable doubt that
ton as the dying declaration Of Clara
Wiley Castle was made while her mind
was clear and at time when she knew
she would die from the wounds inflicted
by Jessie Morrison, they should consider
it as a death bed statement.
When Judge Shinn concluded, he an
nounced that he would place no limit
the arguments Of the attorneys. So the
four lawyers for the state and the four
for the defense have the privilege of talk
ing as long as they wish. It is possible,
according to the lawyers, that the argu-
ment viii continue until Tuesday noon.
2. =: BrumDack county attorney, de-
in the course of his remarks:
If you find the defendant guilty, 1t viii
mean that every citizen of this Common
wealth viii be secured in the safety Of his
home But If you decide the other way,
IS no telling what moment our homes
will be invaded and our near dear ones
stricken down by an assassin's hands.
to pieces while surrounded by the sup
posed security Of her own home This il
not denied It was one of the most afro
Who did it? Jessie Morrison; she had ad-
united 1t on the stand herself.
- As TO the motive-do you think that
Clara Castle in the early sunrise of a
long and happy married career was plan
ming to commit murder that morning.
l4C ID " 81 described IN 0eta1i the crime
and said that the evidence showed that
Jessie Morrison had deliberately planned
the murder of Clara Castle. She went
there. he said. with murder in her heart
and seeking revenge She was provoked
because DIN Castle had married Clara.
Wiley and she was determined to wreck
a happy home.
The emphatic plea Of Prosecutor Brum-
PACK Gid not affect the prisoner and she
ana me different members Of the Morri-
son family who surrounded her appeared
to be in better spirits than al any time
during the trial
TIE TIE defe s9 Mr., Brumbaek has told
the threshold of a happy married life. /
want 70 say to you that the little grave
upon the hill IS a happier place for her
Than thai Life would have been with DIN Cas-
tie II he had shown himself to be the
KIND OF man that he was before his
Mr.: Mooney said he believed that Mrs.
castle, If she were starting out in a happy
career or marriage, would reasonably call
IN me woman whom she hased and who
l mace her Jealous and would remove
NJ. mooney was interrupted by the noon
ing his argument