The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-20

The court declined to dismiss them.
From argument known to have taken
place In the room occupied by the Ames
jury last night and from the questions
asked by the jury of the court this
all that stands between former Mayor
Ames and conviction is a doubt as to
what constitutes an accomplice-wheth-
er Gardner, Norbeck, Brown and Fred
Ames were DR.. Ames' accomplices, and,
if SO, what weight should be given thd
testimony Of accomplices. =
Judge Harrison's instructions this
morning upon these points were calcu-
lated to settle any doubts entertained
by the jurors and if the question Of
completely was all that prevented an
agreement, the jury would have re-
turned a verdict before noon.
In the light Of these facts, It appears
voting for acquittal. It is apparent
that one or more jurors have made up
their minds thru sympathy, friendship
or some other cause and are simply
using the accomplice argument to ex-
cuse their vote. If this is true, as is
generally believed, and the recalcitrants
are strong enough to hold out, there
will be no verdict.
! At any rate there will be no disagree
ment today. Judge Harrison declared
this morning that the jury would be
kept locked up, in the. case Of no YER
dict, until tomorrow afternoon at least
and possibly longer.
Court Gives Definitions. #
r When the jury filed into the court.
room this morning, the defendant and
the, lawyers. eagerly scanned the faces
ment upon the thrice-tried former may
or. The arbiters appeared impassive
4 and little could be guessed from their
looks. When their names had been
called and the foreman a; had in informed haed
agreed upon, Judge Harrison said:
T" Gentlemen, you have asked for some
/ informations on certain points that you
have written: First, you ask for q
definition Of an accomplish. l will read
to you again the definition OF an &C
knowingly, voluntarily and with. com
mon intent with the. principal offender
unites in the commission of a crime;
one who knowingly and purposely aids,
abets, or counsels the commission OF
crime is an accomplish, In Other; words,
committed, and must aid or abet in its
commission, and he must do it purpose
lily and knowingly. If you wish to write
that definition down, you may do SO.
Lets Out Gardner and Norbeck.
"The second question you ask, M ust
this definition be applied to the crime
alleged in the Indictment and no other7'
Yes, distinctly yes. I told you yester-
day that a party might be an accom-
plice in the commission OF some other
separate or distinct crime, and yet his
testimony would not need to be cor
roborated in reference to the crime in
which he was not an accompllce.
Third Must the defendant in this
case stand as principal to. establish the
fact Of an accomplish Gentlemen,
that that is s. the be- crime Of taking $50 from
. Bessie Lee by the defendant in this
, case. And in order that man should
be an accomplish, he must be an ac-
complete in the commission of this
crime. =
addition: + judge from your questions
that this question, Of confederation of
accomplices is bothering you. I charge
, you that the testimony OF an accom-
plice is to be received and weighed
:, the same as the testimony OF the prin-
cipal defendant. It is to be given Just
, all the circumstances, taking into con.
sideration his interest in the event Of
the suit and all the other things that
I described to you yesterday in the
> main charge. It is not to be excluded
because he is an accomplish. But in
order to convict, the testimony OF the
y accomplice, taken together with other
testimony which tends to the convic-
:, ton of the defendant, must satisfy you
I beyond reasonable doubt of the guilt.
!. :. The state has introduced testimony out.
side Of accomplices which tends to con.
meet the defendant with the commits
sion Of this crime. Now, as to the
) weight or. suffciency of that. you are
y the sole judges; if that testimony, IN
= connection with the testimony intro
= yond a reasonable doubt, then you
- should convict. -
> ct want an exception to the instruc
. tions as to what the principal must bt
in this case,' said Mr.. Cary, and il
this particular case where the admis
sion Of other crimes is concerned
want an exception on the record; i
doesn't have to be an accomplish II
this particular case, and in this connec
/ A Juror Is Ill.
r. H. Grinsted, one Of the jurors, wa,
taken sick this morning. He was con
. fined to his bed and physician wa
:, sent for upon the order of the court
, At noon, however, the patient was mucl
= = better and was able to go out to dinner
: : "JIM' TILLMAN WOULD
)! ENTER THE MINISTRY