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

R = e
upon circumstantial evidence "a
state of facts which point to Ger
tain conclusion. The court will in
strucf you that circumstantial evil
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
is the very best evidence--better
than the evidence of eye witnesses.
For you know that when large
number of people see the same
transaction they often give a differ
emit version as to what happened.
AS rule, proof as established by
circumstantial evidence is generally
SO 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
the>coutention 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 q table
and try to hold a gun in the position
which the wounds show 1T must
have been held in.y And remember,
when you so try the gun in this
way, what would become Of the gun
after discharge if held by the man
himself-you know that the re-
bound would cause it to go half way
across the ROOM. And even if it
didn't, you know that the attraction
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 mans
life blood, must lave been near the
head Of Krause, and yet it was found
on the floor behind the bed: ! This
is an absolute inpossibility, consid-
ering the suicide theory. Another
thing, there was distinct smears of
blood down the legs and On the soles
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 As to
whether there were two shots or
not, it is absolutely immaterial.
But there is considerable ground
for believeing that there where two
but it makes no difference. And
right over these holes in the bolster
are the holes in the head5w blood
and b, aims of. tho dead man ozlng
out. This is better than all the OK
pert testimony to show that the
head never moved after the shot
was fired, 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
mi ght have performed all these
other acts shown. Gentleman, the
position that man was found in, was
the natural position of one asleep.
1t isn't reasona ble-that conditions
could exist-it isn't possible AS
found in that room can the old man
have killed himself. Now gentle
men, apply a little good horse sense
to another fact. Would you expect
to see a man who slept with three
shirts on to nave his underdrawers
off No. And what is the explana-
ton? These drawers were pulled
off after he was shot-such con-
clusion is irresistible, and these
smears of blood on the drawers
show them to have boon the instru-