The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1904-03-25

dstSe
upon iii substantial evidence "a
state Of factsswhich point to 4 cor
tain conclusion. The court will in
struct you thai circumstantial eEi-
dence is entitled to as much consid-
Grafton as would be that Of an eye
witness. The facts as they appear
are what: you are to analyze. In
many cases, circumstantial evidence
5,iss the. very best evide e-better
than the evidence Of eye witnesses.
For you know. that when . large
number Of people see the same
transaction they often give q differ
ent version as to what happened.
! AS rule, proof as established by
circumstantial evidence is generally
60 conclusive as to leave no room
for doubt. We know not what the
defense may be, but it appears that
it will be either suicide, or it not
that defendant had nothing to do
with it. 1t now devolves upon the
state to prove the allegations Of the
indictment And it is clear to me
that if defendant did commit this
crime, it was fully premeditated.
We're it not for the opinion of Ger
tain experts who have testified in
this case. we believe that you would
have no doubt but what this man
was fouly murdered. And it is this
evidence you are to give it such
weight as you think proper. 1t is
thecoutention OF the state that it
was impossible for Krause to have
killed himself. WANT you, gentle-
men Of the jury, when you go to
your room, lie down upon 9 table
and try I'd hold q eun. in the position
T which the wounds show must
have been hold in And remember,
when you 60 try the gun in this,
way, what woulds beoonae Of the gun
after discharge il: held by the man
himself-you know that the re-
bound would cause it to 60 half way
, across tile room. And even if it
didn't, you know that tae attractio on
Of gravity alone would cause it to
fall instantly to the floor It was
an absolute impossibility for that
gun to: have been found.where it was
under the suicide theory. This pill
low, saturated with the old man g
life blood, must lave been near the
head 81 Krause, and vt it was found
ON the floor behind the bed. This
is an absolute i1aposaib ility, consid-
erring the suicide theory. y Another
thing, there was distinct smears of
blood down the legs and on thesoles
Of his feet. and yet under his body
itself there was no blood. Again,
there was the position of the head
On the bolster-right in line with
the holes Of the bolster. Az to
whether there were two shots or
not, it is absolutely $inmaterial.
But there is considerable ground
{ tor belisyeing that there where two
but it makes no difference. And
right over these holes il the bolster
! are the holes in the head, with blood
! and blains of the dead man ozlng
out. This Is better than all the ex-
! pert testimony to show that the
head never moved after the shot
was fred, Even Dr.. Hough, who
was brought up here to establish the
suicide theory, while admitting that
the head didn't move, has the gall
to tell you that involuntary motion
might have performed all these
ether acts shown. Gentleman, the
position that man was found in, was
! the natural position Of one asleep.
It ism reasona BILE that condi tions
could exist isn't possible az
found in that room can the old man
have killed himself. Now gentle
! men, apply little good d sense
to another fact. Would you expect
to see q man who slept with three
shirts on to nave his underdrawers
or No. And what is the explaana-
tion9 These drawers were pulled
u. OF after he was shot such . con
clusion is irresistible, and these
smnears OF blood on the drawers