The Mankato free press., 1905-08-04


or of his or her husband, wife, parent,
child, brother, sister, master or servant,
when there is reasonable ground to ap-
prehend design on the part of the per-
son slain to commit a felony, or to do
some great personal injury to the slay
er, or to any such person, and there is
imminent danger of such design being
! accomplished, or, in the actual resis
| tance of an attempt to commit a felony
| upon the slayer, in his presence, or upon
or in a dwelling or other place of abode
in which he is.
To constitute murder in the first de
gree, there must have been premedi
tated design on the part of the person
accused. to effect the death of the per-
son KILN, or of another.
This means that there must have
been prior intention to do the act in
question.
1t is not necessary, however, that this
intention should have been conceived
| the doing of the act resulting in the
death
1t is not premeditated if the act is
| the incident of a mania, or a sudden
paroXysm of passion, such as suspends
the intellectual powers, but if there is
evidence that a deadly weapon likely
10 al. = Ill
liciously used, or if there is evidence
that shows a harbored design agnst
the life of another, this is all evidence
of premeditated design, which the jury
should consider, even though such
design OF intention was not con
ceived for any particular period of
time before the act which resulted in
taking the life.
If you find from the evidence beyond
and place as alleged in the indictment
the defendant, George r. Koch, killed
Louis A. Gebhard, with the premedi-
tated design to effect the death of said
Louis A. Gebhard, in manner and form
as charged i'm the Indictment and if
you so find that such killing was not
excusable or Justifiable under the law
las | have charged YOU. then you should
find the defendant, George r. Koch.
guilty of murder in the first degree as
charged in the Indictment.
If YOU do not find from the evidence
beyond a reasonable doubt, that at the
time and place as alleged in the indict
ment, the defendant, George II. Koch,
killed Louis A. Gebhard. with the pre-
meditated design to effect the death of
said Louis A. Gebhard, in manner and
form as charged in the Indictment, or if
you do not so find that such killing
was not excusable under the law as |
have charged you, then you should find
the defendant, George r. Koch, not
guilty.
The matters of penalty, of infection
of punishment, are matters which under
the law rests entirely with the court,
and with which YOU have nothing to do.
When you have determined the question
of the guilt or innocence of the defend
ant, you will have done your whole
duty.
If you have felt that the temple of
Justice on this occasion has been invad
ed by an atmosphere of personal feel
ing, or i'll will, painful to realize, utter
" ignore it, do not inhale it, expell it
at once and forever. and IA ther draw
breath from the pure air arising from
the fountain of truth and justice, and
let it bring forth that nobler manhood
within YOU, which will assist YOU to
arise away above all this. and TO dis
charge only your duty on this occasion,
oblivious to everything save only truth.
and eternal justice, and you will be con
scious of having done right
The jury retired at ll:40 a. M. in
charge of Bailifs Hill and Osgood, who
were sworn. 1t was decided to serve it
meals as heretofore.
The jury took a number of exhibits
with it into the jury room. After din
ner it went to work on the case, while
g large crowG waited in the court room,
hoping that it would come in this af-
teruoon.
DR.. Koch was not restrained of his lib
erty. nor was any move made looking
toward that
The defense was granted permission
to take exceptions to features cf the
courts charge. at its leisure. These are
merely technical.