The Mankato free press., 1905-05-19

else, he went home and slept soundly
with nothing unusual that attracted the
attention of his family. Working The
next day and singing with his friends
and going to the funeral of the deac
man and raising his face and voice in
sacred song. If this man is guilty il
contradicts all human history. Neither
history nor story tells of anything like
| this.
| The young man was stricken not be-
cause of guilt but of the cloud that
hung over him. If | or you were to
know that ten respectable citizens were
whispering such charge against us, ii
would break our hearts. He demands to
90 on the witness stand that he may
let the world know all his movements
and thoughts.
| am not excusing the murderer OF
DR.. Gebhard, but his death took nc
shame with it to his family, and the
shedding of more blood will not restore
him. The testimony that convicts his
murderer must be above suspicion and
shut out every ray of doubt.
If you convict this defendant, you
will be convicting an innocent man.
| Mr.. Brown concluded his address al
about eleven o'clock.
Judge Cray delivered the following in
structions to the jury:
Judge Cray's Instructions.
You have been called from your sew
eral homes to this court to sit as jur-
ors in the trial of a most important
case. Your duty is extremely grave
This case has commanded your earnest
attention for every moment during its
hearing thus far, and it demands your
most careful and painstaking attention
until its final close.
| need scarcely impress upon you the
gravity and seriousness of your duty
upon this occasion, because you must
already understand that there rests
largely upon you, the responsibility of
doing exact justice between the peo-
| pie of the state of Minnesota upon
the one side, and the prisoner at the
bar of this court charged with most
grievous offense, upon the other.
Upon the one side it is your duty
as good citizens and as jurors, to see to
| it that the dignity of this state is
maintained, that it's people be secure in
| life and limb from the unlawful vio-
lence of any person, to see to it that
the willful taking of an innocent human
life is met with proper punishment, to
see to it that homicide is met with due
retribution, swift and sure. and to see
to it that the laws of this common
wealth for the protection of its citi
zens, are promptly, willingly and cour
ageously enforced, no matter who ol
what the offender may be.
| On the otner hand it is as well YOU
duty to see to it that no innocent mar
shall suffer punishment; to see to il
that the laws of this country enacted
for the protection of all its people, are
so administered, that every man may
rest secure in the assurance that if he
is innocent of crime, he is absolutely
safe in the hands of the law; and that
the strong arm of the law is thrown as
protecting shield around every man
whatever and whoever he may be, pro
| vided only that he be innocent of
wrong
Take with you to your jury room
these injunctions, and do your duty
thoughtfully and honestly, and an eye
only to the due administration of the
law, and let the consequences be what
they many Do not allow yourselves to
be swerved one hairs breadth from a
straight line, either by popular clamor
public sentiment or human sympathy.
Be governed in your actions by your
own conscientious convictions, as to
what is right, and what is wrong, and if
you err the fault is not with you.
The defendant George R. Koch, is on
trial before you charged in an indict-
ment by a grand jury with the crime
of murder in the first degree.
The defendant George r. Koch has en-
tered his plea of mot guilty" of the
crime SO charged against nim, and it
is for YOU, under the instructions of
the court, to determine the question of
his guilt or innocence of the crime which
he is SO charged with having commit
ted
All questions of fact in the case are
for the jury to consider and determine.
but the law applicable to such facts
will be given to you by the court, and
you are required to abide thereby and
comply Herewith, and if the court
shall charge you that if you find a GER
tain state of facts to exist, your verdict
should be one way, but if you do not
find such state of facts to exist your