Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-25
that must be taught that they can not
take the life of any one irrespective OF

that must be taught that they can not
take the life of any one irrespective OF
consequences.
Think again, gentlemen. Here is O
man who does not want lawyer, who
does not believe in God nor law, a man
who does not believe in the married re-
lation-yet our laws are such that he Is
defended by two of the ablest jurists In
our city as If he was the most respected
defendant, and even tho he comes into
court and says he was guilty, yet, gen.
tlemen, you are required under the con-
stitution to listen to the formal presen-
tation of the evidence, notwithstanding
that this man does not want 1t.
Gentlemen, you have sworn to give
him fair trial on the evidence. Now,
what is the evidence? say as 1t has
been presented to you it fully substan-
tiates the crime charged.
mo doubt the same thought, the
object, is in all our mfnds-that altho
our beloved country has lost her great
est man, 1t still should maintain the re-
spect of the whole world and 1t should
be made known to the whole world that
no man can come here and commit such
a dastardly act and not receive the full
penalty of the law
Justice White, in his charge to the
jury. said in part:
Gentlemen Of the Jury: In this case
the defendant has acknowledged his
guilt. Such an acknowledgment in such
circumstances can not go to the jury or
the court. If. when all the circumstan-
there still exists in your minds q reason
able doubt that the defendant is not
guilty, you can not find this man guilty.
The people have submitted evidence
tending to show that this defendant
committed the crime; they have given
evidence tending to show that it was
ipremeditated. II You are satisfied that
there was design and generalization,
and II In accordance with that, that
reconciliation and design, these shots
were fired, then the defendant is guilty
of the crime of murder in the first de-
gree L.
Continuing Justice White said:
II am very glad that up tosthe present
stage of this lamentable affair, 80 far as
the jury and people Of this city are con-
cerned, there has been shown that re-
spect for the law that is bound to teach
valuable object lesson. The defend
ant has been given every advantage Of
experienced counsel. I deplore any In
element to violence and the man who
is ready to 80 out and commit crime
because some other man has committed
one, is as guilty as the latter and his
act is just as reprehensible.
Justice White then defined the crime
of murder in the first and second de-
grees and manslaughter in the first and
second degrees. He then commended
the Jurors for their patience during the
trial and ordered them to retire and
bring In a verdict.
Just before they did SO, however, Dis
ltrict Attorney Penney requested the
Judge to charge the jury that the law
lpresumes every individual sane unless
proven otherwise and the court said to
them: The law presumes the .defend-
ant in this case sane
Lawyer Titus also asked the court to
charge the jury, that IL they We're sat-
isf1ed from the evidence that at the time
of the committal OF the assault the de-
PENDANT was laboring under such de-
feet Of reason az not to know the quail
ity of the act or that 1t was wrong, he
was not responsible and the jury must
acquit."
II SO charge, said the Judge.
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