Rock Island Argus., 1905-03-06

When court was convened this morn
ing at O'Clock the room was crowded.
All Reynolds and vicinity seemed to
have come to the city TO witness the
trial. Judge Gest suggested to the
states attorney. Mr.. Scott that before
taking up any evidence bearing upon
the question Of motive on the part OF
the defendant. as displayed in the fl
nancial transactions told of Saturday,
he put in all the evidence he had show
ing either directly or circumstantially
the connection of the defendant with
the putting of poison in the tumbler
from which the deceased took his med
icine. Taking mp the line suggested
by the court, the following witnesses
were examined: James Irwin, Rey-
nolds; Sophie Johnston, niece of de
ceased; Louis ExstrOm, neighbor of
Johnstons; Mabel Johnston, daughter
of defendant. and Alzina Wadsworth
of Rock Island No additional material
facts were adduccd.
Verdict of Not Guilty.
The court then inquired of the states
attorney if he had any further testi-
mony bearing directly or remotely up-I
on the question of the defendants con
nection with the placing of the strych-
nine in her husbands medicine. to
which the prosecutor replied that he
had not. The court then said he would
entertain a motion TO instruct the jury
to find the defendant not guilty. The
motion was prepared and the instruc-
tions given, and after a few moments
the jury returned a verdict finding the
defendant not guilty.
In passing upon the motion and be
fore giving the instructions requested
by defendants counsel the court made
the following statement: 1T is abso-
lutely essential. in an indictment fo-
murder. to prove that somebody hai
been murdered. Then it is absolutely
essential that it be proven beyond a
reasonable doubt that the person charg-
ed with committing the murder did do
the murder. Now. in this case. as it
appears to me. there is an utter abb
sence of proof that his defendant had
anything to do with the murder of Jo-
seph Johnston. if he was murdered
There is utter absence of proof of that
fact, SO that if [ should allow this case
TO go on. as there is quite Il number of
upon other matters than upon this
question, il would consume a lot of
time.
All Proof introduced.
Il have inquired of the states aitor-
ney and he stated to me that he has
introduced all the proof he has rela-
tive to the connection of Mrs John
ston with the taking OF OF Mr.. John
ston. if he was taken of II Is one
of the powers of the court: il is one
of the duties of the court. N both
civil and criminal cases where the
court can see that if a verdict is rcn.
derod in a particular way. of guilty
for Instance in this case to set il aside
absolutely. Then it is one Of the pow
ers and duties OF the court 10 instruct
the jury TO find a particular verdict
You can see the sense and reason of
that. If | should allow the jury 10 go
on and hear all the evidence which
might be adduced, which the court
might hold was in Scmc remote degree
pertinent and your should find a YER.
diet OF guilty. NY duty would be TO
set the verdict aside. if in my deliber-
ate judgment it was not warranted by
the evidence Then there would be
another trial There is a large mum
Der Of Witnesses as YOU have heard
called on both sides. II would take