The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-12
Orderly Retreat Impossible.

"But instead Of making the orderly
retreat he intended, there is consterna-
ton. There are men in the hallway now
he has heard them and has seen a
head thru the transom. Remember the
evidenceq There was blood, the marks
of fingers, on the door leading into the
hallway. On that door was clouded
glass, clear only at the edges. The as
sassin goes to the door and peekssf thru
the glass to see who it is in the hall:
He retreats a few steps. The handle OF
the hammer which he still holds Is
Shiny with blood. He. draws hand,
the blood. Why's Because this ham
mer must now be his weapon Of de-
Tense; he may have to fight.
"But listen! Other steps on the
stairway! He cannot escape as he
has planned. He turns to flee, rushes
into DR.. Reineke IS room toward the
alley. One witness says the screen
looks as tho it was pushed out. The as
sassin went thru that screen feet first.
He Jumps, in his desperation, into
space. Counsel says that the man who
did the murder was familiar with the
window and knew that the wires ex-
tended just below it: Why, the man
that went out that window threw him,
self out feet foremost. His feet found
that wire. His hands were not slow to
hanging from that wire, he dropped to
the ground and ran.
Two Kinds Of Evidence.
Circumstantial evidence and the
phrase Ubeyond a reasonable doubt -
were discussed at length by General
Childs. He had spoken about the jury
system ard the duty Of jurors to the
state and to the accused, and continued:
stThe evidence Of the state in this
case is what is known as clrcumstantlal
evidence. There is more or less of
prejudice in the public mind against cir.
cumstantial evidence, but that is due
stood. It is law that where one fact
creates suspicion, another fact will
strengthen it, not once but many times
| Add still another and there is added
strength. Circumstances are facts. Put
these facts together and a finger points
directly. When the trial is had, re
member these facts, weigh them care
fully.
Value Of circumstances. -
HIn this case you have the best posi-
bic illustration Of the two kinds of evi
deHce direct and circumstantial. Coun
sci for the defense, in his opening ad
dress to the jury, said that this is no
a case Of circumstantial, but Of direc
evidence. Their direct evidence is tn,
statement Of Asa P. Brooks, the maj
who saw the murderer at his fendisl
! work. You have heard from his lip
the statement that it was not the de
]. PENDANT. At another time he said i
resembled the defendant, it looked Xix
the defendant, he wouldn It say whethe
it was the defendant or not.
In direct evidence, even, there i
weakness. Witnesses may be de
|ceived; they may be inspired by malice
But when you have a series Of circum
stances form a strong, in
tsurmountable chain which carried con
lviction to any honest mind.
4 You fail when you attempt t
q Judge the murderer Of Dr. Gebhard
4 by ordinary standards said Genera
Childs. 9 He was no normal man. Th
man who had the nerve to go into tina
& office and STAY DIR. Gebhardt had tn
! nerve to walk down the street the mex
morning calmly; he had the nerve t
J go to the funeral of his victim an
) sing beside his dead body; he had th
nerve to remain calm under all circum
3