Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1905-02-22
Clifford Murder Trial
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Continued from page
Henry A. Bigelow's head and body with
the said potato hook, thereby wilfully
feloniously, deliberately, premeditated
| ly and of his malice aforethought inflict-
| ing upon the head and body of the said
Henry A. Bigelow mortal wound, OF
| which said mortal wound the said Henry
A. Bigelow afterwards on the 9Th day OF
November 1904 in Winneshiek county
Iowa, did die.
Par. 2. The second count of the in
dictment charges substantially that the
defendant did, on or about the 9Th day
of November 1904, in the county of Win
neshiek, state of Iowa, aforesaid, then
and there i'm and upon the body of one
Henry A. Bigelow, then and there being
wilfully, feloniously, deliberately, pre-
meditatedly and of his malice afOre-
thought, commit an assault with dead
ly weapon, the same being hoe, and
the same being deadly weapon, and
the same being then and there in the
hands of the said T. l. Clifford, and then
and there the said T. |. Clifford did, with
the specific intent to kill and murder
the said Henry A. Bigelow, wilfully,
ly and of his malice aforethought, strike
and beat the said Henry A. Bigelow up
on his said Henry A Bigelow's head and
body with the said hoe, thereby will
fully, feloniously, deliberately, pre-
meditatedly and of his malice afore-
thought, inflicting upon the head and
body of the said Henry A. Bigelow a
mortal wound, of which said mortal
wound the said Henry A. Bigelow after
wards on the 9Th day of November, 1904,
in the county of Winneshiek, did die.
Par. B. The third count of the indict-
ment charges substantially that the deft.,
did, on or-about the 5th day of Novem-
Der, 1904, in the county of Winneshiek,
state of Iowa, then and there in and up
on the body of one Henry A. Bigelow,
then and there being wilfully, feloni-
ously, deliberately, premeditatedly and
of his malice aforethought, commit an
assault with deadly weapon, the same
being an instrument and weapon, a more
particular description of which the
grand Jurors aforesaid are unable to
give, and the same being deadly weap-
on, and the same being then and there
in the hands of the said II. l. Clifford,
and then and there the said II. |. Gift
ford with the specific intent to kill and
murder the said Henry A. Bigelow will
fully, feloniously, deliberately, premedi-
tatedly and of his malice aforethought,
strike and beat the said Henry A. Bige-
low upon his the said Henry A. Bge-
lows head and body with the said in
strument and weapon, thereby wilfully,
feloniously, deliberately, premeditated-
ly and of his malice aforethought, in
flicting upon the head and body of the
said Henry A. Bigelow q mortal wound,
of which said mortal wound the said
Henry A. Bigelow afterwards on the 9Th
day of November, 1904, in the county of
Winneshiek, did die.
Par. 4. The indictment is in three
counts. They each relate to the alleged
killing of Henry A. Bigelow by the de-
PENDANT Il. |. Clifford and the indictment
was drawn in this form by the county
attorney to cover the testimony which
might be introduced upon the trial re-
1ating to the kind of weapon Gf any,
used in committing the offense Gf any),
and the indictment in it's different forms
charge the same offense; namely, murder
in the first degree.
Par. 8. There is included within the
charge of murder in the first degree up
on which defendant is now on trial, a
charge of murder in the second degree,
and charge of manslaughter.
Par. 8. The defendant pleads that he
is not guilty of any one of these offenses,
and he is to be presumed innocent until
his guilt is established beyond reason
able doubt, and the burden of proof
rests upon the state to establish the
~ lAfanIon&
able doubt.
Par.7. Whoever kills any human be-
ing with malice aforethought, either ex-
press or implied, is guilty of murder.
Par. 3. All murder, which is perpe-
trated by any wilful, deliberate and
premeditated killing, is murder in the
first degree.
Par. 8. All murder that is not of the
first degree is murder of the second de-
gree.
Par. 10. Whoever unlawfully kills any
human being without malice afore-
thought is guilty of manslaughter.
Par. IL. In order to convict the de-
PENDANT it is necessary for the state to
establish
LIST. That Henry A. Bigelow came to
his death by the unlawful acts of another
person, and
End. That the defendant T. l. Clifford
is the guilty person.
And unless you are satisfied from the
evidence before you beyond a reason
able doubt that each Of these facts are
SO established you will acquit the de-
PENDANT and return a verdict of not
guilty.
Par. 10. If you find from the evil
dence before you beyond reasonable
doubt that Henry A. Bigelow came to
his death by the unlawful act of an
other person, you will then (but not
otherwise) proceed to determine
whether the defendant L. /. Clifford is
the guilty person.
Par. Is. Guided by these instruc-
tions, you will determine from the
evidence whether the said Henry A.
Bigelow came to his death by the un-
lawful act Of another. And if you
find that he did so meet his death,
you will then determine whether the
defendant is guilty or not guilty, and
if guilty you will decide whether his
crime is murder in the first degree or
murder in the second degree.
Par. IA. You will carefully con-
slider all the evidence and if you do
not find beyond reasonable doubt
that the said Henry A. Bigelow came