Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-07-11


70 punishable accordingly. It becomes
the duty Of the city to prove to your
satisfaction that defendant did sell
liquor to one Vein, as testified to by
the witness for the city. If the city
has proved to your mind beyond q
reasonable doubt that the sale was
made it will be your duty to render a
verdict accordingly.
'Regarding the facts the city pro-
duced only one witness. I call your
attention to the fact that it is not
necessary to produce q number of
witnesses in order to convict, one
witness being just as sufficient as half
a dozea. The witness goes before
you and testifes that June Z, 1903, he
goes into the Office of the Merchants
hotel with one Vein. He met Bryant
in the Office and Vein purchased a.
pint OF whisky from the defendant.
Witness testified defendant went out
and got it, I don't know where; that
he gives It to Vein and that Vein
paid Bryant for it. If these facts are
true it is your duty to render a verdict
OF guilty. It is for you to determine
the credibility of the witness. You
have q right to consider all these
things. 1t does not make any differ
ence, as far as that >is concerned, in
what part OF the hotel he got it or de-
l1vered 1t. It makes no difference if
he delivered it in the street. He sold
the liquor and received the money:
that makes q sale. This is denied bv
defendant. Defendant has a right to
60 on the stand if he desires. If he
does not want to do so, he does not
have to. want you to take into con-
slderation the interest the witness NAV
have In the action. OF course the de-
1endant In this case tried to produce
evidence tending to prove enmity ::
that the whole thing was intended to
serve as revenge. It makes no differ
ence, If the crime was committed, and
it is for you to determine whether the
crime was committed or not. The de-
fendant was accused of selling liquor
on that day. If he sold it, it makes
no difference whether the witness for the
city had any feeling against him or
not. The facts for you to determine
are, did the defendant sell intoxicat-
ing liquor to Vein on that day or
not? Two witnesses testified to that
revenge. I don't believe that it has
much bearing upon this case. The
facts for you to determine is, was IL
quor sold by defendant June 7, 1903,
as charged. We have fixed the exact
date, but as far as liquor cases are
| concerned the date is imm aterial. Had
it been any other date within two
months it would be safe to convict
The facts are plain. It is not neces.
sary to argue on it. You are repre-.
sentative men of the City of Wilma,
and desire to see the laws upheld and
justice done. The counsel for defense
has said a good deal about the hipt
standing in the community the de
PENDANT sustains. Sometimes thos,
who stand high in the communit,
also commit crime. It makes nj
difference how high person ma,
stand in the community if he commits
crime against the laws of the city OF
state. IT he commits crime he should
be punished for it. If that crime wa.
committed, it is your duty to find tn,
man guilty. have no right to tel
you how to bring in your verdict.
is for you to determine, for you hav,
exclusive control of the facts. If 70,
find from the evidence, no matter VIII
the defendant is, if you fiud that tn
defendant is guilty beyond reason
able doubt, it is your duty to convic
him.
"Weigh the evidence, consider all tn,
facts and come to q conclusion. If 70,
find the defendant guilty of the Grim
charged we shall expect verdict O
guilty at your hands,"
Attorney George Muller then mad
the plea for the defendant. He said
"That is all that we expect of the jury
that you will do right and give u
justice; if you do that we shall b
satisfied.
| cit has come to pass in the city O
Willmar-heaven help us-that tn
main duty of jury is not to find
defendant that is accused of sellin,
il toxicating liquor, it is their mai
duty, most sacred duty, to protect me-
accused unjustly. That is your mai
duty. The jury Of twelve men, tn
sacred, time-honored institution @
twelve good men, is the only bulwar
between an innocent man and fanati
-. -.