The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1902-02-15
BlAmtltss FOR MARGINS DEATH
COURT is CONVENED AT MIDNIGHT
TO HEAR JURY'S
VERDICT.
AFFECTING SCENE IN THE COURT
THE WARNING, THE AU-
DIENCE MAKES A DEMON
STRATION.

house at Grand Forks a free q Az
11.46 the Jury called the bailitf and an
nounced that q verdict hao peen
reached, and asked that the judge ana
attorneys be sent for.
Judge Fiske responded at n and NJ
and States Attorney Wtneman Were
mo the first to arrive. Mr. Cocnrahe
ctuld not be reached by phone, put
Corliss responded. AS his residence
was some distance from n court
house. it was several minutes before ne
could arrive. In the meantime tele.
phones had been busy and the court
rapidly filled. MI. West came IN,
ACCOMPANIED by an officer, and It was
evident that he was laboring under IN
tense excitement. He trembled visibly,
and. although veryscertain that no YER
verdict but acquittal could have been
reached in SO short a time. the nervous
tension was great on all present.
MI. Corliss arrived and took his seal
by West. gripping the latter's hand as
he sat down.. Miss Hattie West, n
prisoners sister, who had been sum-
from her hotel, had almost faint
ed when the news came, but pore ny
after the first shock. Mr.. Ram
sey, his brother-in-laW, was also there
and could not conceal his excitement.
The Judge and officers came IN, anu
the court warned the audience that any
demonstration would be unseemly anu
out Of place. The jury filed IN. Inc
Judge asked II a verdict had been
reached. The foremnn passed up the
sealed envelope, when the judge opened
it and inspected its contents, the CROWD
vainly trying to read in his countenance
some indication Of the verdict. II
passed to the clerk, who read:
1--WE, the jury, in the case OF the state
VS.. w. E. West, find defendant not
guilty." SIN spite of the OF
the court, there was some nand-clap-
pings, but these were checked and the
court formally thanked the jury n
discharged them and the prisoner. me
scene that followed was affecting, al
though it lasted but q few minutes. Mr..
West was first embraced by his sister
and brother-in-law, the. latter with
tears streaming down his cheeks. Mr.
Corliss shook hands with the jurors, as
did West, and the crowd filed out.
The courts charge was concluded at
e:15 Saturday evening. The case la
then consumed just three weeks, OF
which five days were consumed In the
selection Of a jury, five days in argu-
ments, and the remainder of the time in
the examination Of witnesses.
Mr.. Cochrane concluded his address
at 1880 q. M, and vas followed by Mr..
Corliss. who spoke until noon. Mr..
Bangs SPOKE from 2 o'clock until 5:l5.
presenting the final arguments In behalf
OF the state. The first portion of the
address was devoted to returning some
Of the hot shots that the opposing at
torneys had fired at him, and for en-
hour or more, there was q rain Of Wit,
sarcasm, irony and invective which was
admitted to be worth the discomfort
necessary to hear 1t.
At 5:15 Judge Fiske began to read his
charge, which occupied just an hour.
He defined murder in the first and Sec
ond degrees. and granddaughter in the
first degree, and stated the penalty for
each.
For the first degree Of murder the
penalty is death or life imprisonment:
for the second. degree. ten to thirty
years imprisonment. and for q
slaughter In the first degree, from five
to fifteen years Imprisonment. IL the
VK16OJkCI= q S1AVS AVAA0 6OAASy VI 0AAy
these charges he must be acquitted.
The court then went into an exhaust
I've view Of the law Of self-defense. as
applied to the facts In this case. He
said that the matters preceding the
meeting In the Dacotah had nothing to
do with the case, except as bearing on,
the reason which West might have to
fear that March would do him great
bodily injury. This was also the only
bearing that March's reputation would
have. West. while IN the Dacotah, was
N a place where he had q lega, right to
and when attacked he was not res
CURED, to s.ek safety In flight. FIe had
IaTightto use such force. and only such
force, az would tend to protect himself
from death 9 ! great bodily injury which
might have been imminent, or which he
reasonably feared was imminent. The
danger need not actually have existed.
but there must have been q reasonable
belief that IL did exist