The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1902-08-01

Schell pulled his revolver and shot
Frazer. He reeled about, staggered
few steps, and fell dead in front of
Ernst's iewelry store.
As differing from this, a number of
witnesses swore that Schell, as he came
up, called the crowd &c d drunken
s of b" and also pushed Frazer,
calling him a drunken s. of a b."
and telling him to move on: also that
after having shot Frazer he walked up
TO his PROSTATE body and said, eYOu
drunken s. Of a b, you won't follow
me up any more Several witnesses
for the defense swOre that they did
not hear Schell use these vile epithets.
These, in brief, are the circumstances at
tending the killing Of William II. Frazer.
The prosecution was fought vigorously
throughout the trial, as was the defense,
but the defense was really in sad need
Of evidence tOsustain their contention Of
iustifable homicide The state intro
duced about % witnesses and the de-
Tense about a dozen. The evidence given
in the trial did not differ materially from
that reported in this paper from the
testimony given at the preliminary
hearing.
Instructions to Jury
The testimony Introduced having been
completed. both the prosecution and de
Tense rested Monday afternoon, and
court adjourned till eight o'clock Tues
day morning
The case had by this time enlisted
such undated interest that men, women
and children began to go in a stream to
the court room before the hour for con
vening had arrived. At the call to order
by the sheriff, Schen and the attorneys
we're in their seats. ScheH plead not
guilty to the charge OF murder, after
which Judge Smith gave his instructions
to the jury. They were long and ex-
haustive in detail, and where necessary
a special application to the case in ques-
ton was made. The substance of a part
oE the instructions is as follows:
The charge of murder in the first de
gree includes murder in the second de-
gree and manslaughter in its various
degrees. To be guilty of murder il the
first degree there must be on the part Of
the defendant premeditated, malicious
and willful intention in the taking Of
human life without any prOvOcation.
The second degree of murder differs
from the first in precluding the idea of
previous design and premiditatioD, but
IS malicious and willful. Manslaughter
in the third degree is the killing of a
human being without design, with a
dangerous weapon IN the heat Of pas
sion and uDiustifable, while in the fourth
degree of manslaughter the killing is
done iuvOluntarily IN the heat Of passion
with a dangerous weapon, and also IN
justi6able. In his instructions the Judge
also covered the point of manslaughter
at the common law, embracing the IN
lawful killing OF a person and iustifable
homicide. Under the latter, a person is
held to be justified in the extreme Of
taking human life to protect his own or
to save himself from great bodily harm.
Judge Smith was also explicit in cover
ing the ground wherein the person Of a
police or marshal might be put in jeO-
pardy by fellonious assault, and his JUS
LITIGATION for taking human life.
The jury were told that they could
bring in one out of five forms of verdict,
namely: Murder in the first or second
degree, manslaughter in the third or
( fourth degree, or acquittal.
Argument Of Prosecution.
/ At about nine o'clock Tuesday morn
/ ing County Attorney Hoyt Andrews
| opened the argument for the state. By
way Of anticipation he said that the de-
Tense in their arguments could have
only two lines Of argument-either in
sanity as a means of escaping the
I penalty of the charge, or self defense
And since no one doubted but that
Schell- was still In his right mind the
argument forthcoming from the oppOs.
ition would be that of self-defense Oh
justification for the tragic deed.
After paying Difference to Attorney
Waters by characterizing him as a bull
dozer, which, Of course, Is not an uncOm
mon spithet between many lawyers, Mr.
Andrews began an argument touching
in detail the testimony Of the witnesses
He sought to establish beyond dOub
the integrity Of the witnesses as a whole
and that their demeanor on the stanC
evinced a desire to tell the story Of tn
shooting as they saw It He then pro
eeeded to the verbal remarks Of various
witnesses who said ScheIl, in addressing