Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1900-02-02

during the Cr1al. Cn0 girl raises herVell, IL
and the prisoner catches q glimpse of
pale but beautiful face A tremulous5
smile of encouragement hovers for
moment around her quivering lips. and
then the veil is lowered again, and
the man braces himself for the final
ordeal -. ~
The Summing Up.
1905 The judge commences his
summing up Gentlemen of the jury"
he says. lyon have today entered upon
the last stage of your labors in case
which to me has proved at once the
most painful and the most obvious in
all my experience of criminal trials. It
only remains for me. as inlpartially as
lies in my power. to review the whole
of the evidence that has been placed be-
fore you both in favor of and against
the prisoner. Astray Marsden. and to
leave it to you to decide upon that evil
dence whether he is guilty or not guilty
of the crime with which he stands
charged-the willful murder Of Josiah
Marsden
The evidence that has been placed
before you. gentlemen, is. with one ex-
ception. but that is fearful exception.
of a purely circumstantial character
and it will be, for you: to say whether
the series Of circumstantial facts that
have been detailed to you and which
the defense has ingeniously endeavored
to explain away are sufficient to justify
you in returning verdict of guilty and
by that verdict Kidding society of as
cold blooded a scoundrel as ever breath
ed or whether there is sufficient and
reasonable doubt in your minds to jus
tify you in giving to the prisoner the
benefit Of the doubt
''Gentlemen. let US look at the evi-
dence On the morning of the 18th of
January Josiah Marsden was discovered
in the library of his country home.
called The Grange Norcombe, stabbed
to death with Norwegian clasp knife,
which weapon you have had produced
There is no dispute that the murder
was committed with that knife, and
equally the defense does not attempt to
deny that up to the very night of the
murder that knife was in the possession
of AstraY Marsden.
The Stained Paper.
''In the hand OF Josiah Marsden We;
found this paper.
The judge pauses impressively and
takes up the blood stained paper that
has caused such sensation throughout
the trial
This paper, he solemnly continues,
twas found in the dead mans stiffen;sl
fingers. Death had overtaken him be-
fore he could frame his thoughts in
words. and SO his last message is only
broken one. 4 am dying he wrote
murdered by Astra '-a-s-t-r-a-
and his life departed
''The prosecution has told you that
he intended to write 'Astray Marsden-
The defense has been unable to deny it.
The prosecution has said he wrote so
that justice might be melted out to his
murderer The defense has limited. only
limited, gentlemen-even they have not
dared TODD more than whisper
Josiah Marsden hated his ward or son
and did what he did in revenge. faced
eternity with the foulest sin that man
could commit upon his soul, died with
lie in his heart. that young man
might be hanged. The defense has hint
ed that this is why the paper was writ
ten. / will not venture to express my
own opinion of such method Of de-
Tense. Let us look at the matter dispas-
sionately. If we are to believe that 10
siah Marsden committed this loathsolne
deed as his last act on earth and that
Astray Marsden did not murder him
then that murder was committed by
some unknown enemy Of the old man.
HAS the defense been able to hint at
any such person? No. Has the defense
been able to assume OF deduce that any
other person was in the house on that
night? No. 1t has simply contented it.
self with categorical denial of every
thing and a plea as surprising as it is
abominable
1.-The value Of that plea, gentlemen
l leave for you to decide Let us pass
again to the circullistantial evidence
and deal first of all with .
The Norwegian E1ni-e.
This knife has the letter :. Dran;l-
ed upon its handle The Inf was i'm
the prisoners possession, it is agreed.
until a few moments or Il few hours be-
fore the murder 1t is. admitted that
Astray Marsden was with Jos::sia Mars
den on the night of the murder 1t is
also admitted that he used the knife to
open cigar box in the presence of his :
guardian and then left it behind him
ready for the murderer, who, we are
told. entered the house after the prison
er had left it The value of that plea.
gentlemen. is again for you to7decide
1.-THE murder was first discovered by
the woman Margaret Gadsden. who was
in the habit of going daily to attend to
the domestic requirements Of the de-
ceased On the morning of Jan 10 she
went, as usual, and gained admittance
at the side entrance by the key she al
ways had in her possession. .
You will rec >llect that between the ;
night Of the 18th and the morning of :
the 18th there was a phenomenally
4.ll -