Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1902-02-10
WEST Jury ACQIITS HIN
Murder. Trial at Grand Forks Results
in the Acquittal of Defendant
w. E. West.
Jury Brings in its Verdict Exonerat.
ing West at Twelve O'clock
Saturday Night.
Scenes in the Court Room When the
Verdict Of Acquittal Was Rem
dered by Jury.

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w. E. West was acquitted at Grand
Forks for the shooting of Frank
March. The jury had agreed upon
verdict at about 80, and Judge Fisk
and the attorneys for the state and
the defense were at once sent for.
Judge Fisk and States Attorney Wine
man arrived first, and as soon as Mr..
Corliss for the defense arrived, the
jury was sent for, asked if they had
agreed on verdict, to which the fore
man replied Eyes," and handed the
sealed verdict to Judge Fisk, who read
it and handed it to the clerk of court.
AS soon as the verdict was read
there was a touching scene enacted,
as the sister of the defendant, Miss
Matte West, threw herself into the
arms Of her brother and gave way to
flood of tears for the first time since
the trial started. J. W. Ramsey, his
brother-inlaiw, was the second to
grasp his hand and all three grasped
the hands of each. Of the jurymen in
turn. Although the word had been
passed but a few moments before the
jury came in, there were several hun
dred people at the court house to hear
the verdict, and Mr.. West was kept
busy for some time receiving hand
shakes and congratulations on the re-
suit of the trial. When he entered
the court W., E.. West, the defendant,
was slightly pale and seemed nervous,
but bore up well while awaiting amid
the deathly silence that pervaded the
court room the decision that meant
so much to him. -. r ."
The jury was out just six hours. It
is understood that the stood II to 1
for acquittal on the first ballot, the
twelfth man desiring further instruc-
tions.' Before it was received, how
ever, another ballot was taken, when
a verdict Of not guilty. was agreed to
by the - jurors. They looked weary
from their long confinement and
seemed extremely glad that their ser
vice was over. .
When the; verdict had been read
Judge Fisk addressed the jury as fol-
lows: Before excusing you, de-
sire to congratulate you and beg to
thank you for the patience you have
shown and the attention you have
given in listening to and considering
the testimony in. this case. Gentle
men, l. thank you. You are dis
charged" >s., -u
Judge Fisk,s charge to the jury was
an exhaustive one. Of the defensive
feature Of the case the judge said:
Where one, without fault, is placed
under circumstances sufficient to ex-
cite the fears of a reasonable person
that another intends to commit fel-
ony upon him or do some great bodily
injury to him, and to afford ground for
a reasonable belief that there is i'm
minent danger of the accomplishment
of this design, he may, acting under
these fears alone, slay his assailant,
and be justified by the appearances,
and this whether he had or had not a
design to kill his assailant when he
fired. a,z J.. s. -. l. X ....,s .--
81 charge you that, as matter of
law, the defendant was in a place at
the time he was assaulted by March,
and at the time he fired the shot which
resulted in the death of March, where
he had a lawful right to be, and that
he was under no legal obligation to
fly or retreat from his assailant, if
you find that the deceased was renew
ing the assault by advancing upon de-
fendant ait the time the shot was fired
When a person is not the aggressor
and is not in the wrong. the law does
not compel him to seek protection by
a flight or retreat from the agressions
Of another, who was the original ag-
gressor and was in the wrong from
the beginning but such person may
lawfully stand his ground, and when
lies has reasonable ground to believe,
and does believe that he is in in-.
minent danger Of losing his life or Of
suffering great personal injury, he may
without fight or retreat kill his as
saiIant, although he could by flight
or retreat, have escaped the danger,
and under such circumstances the kill
ing is justifiahle II, therefore, you
find that the defendant had reason to
believe and did believe at the time he
fred the fatal shot, that his life was
in danger. or that he was IN danger Of