The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-01-27
Entered in h. p. o at Mankato as Serond
l. q Mail Matter
iudae Ub , ha g

Judge Weber delivered clean-cut
charge to the Koch jury, and it is one
which the twelve men can read as they
run. Stripped of all fancy trimmings
and furbelows, it means that the jury
men should take no stock in much of the
talk that was given them by the attor-
neys for the defense, who attempted to
convey the impression that in case of
murder motive must be shown. Judge
Weber handled this point in the fol-
lowing language:
eff the jury find from the evidence, be-
yond reasonable doubt, that the de-
PENDANT committed the crime charged in
the indictment, it is not material wheth-
er he had any adequate motive for so
doing. Still it is always competent as
well as of the greatest Importance to
show a motive on the part of the de-
PENDANT for the commission of the crime
of which he is accused. If there be a
motive which can be assigned the ade-
quacy or inadequacy of it is a matter
of no controlling Importance. What
would be a motive to one mind might
not be to another. Whether motive is
adequate to induce the commission of
crime depends on the particular charac-
ter of the defendant. The history of
crime shows that murderers often are
committed from motives comparatively
trivial and slight; not merely from NAL
ice and revenge, but to give small pc
cuniary advantage and to drive off for
time, pressing difficulties"
Discussing circumstantial evidence,
Judge Weber said:
sit is vain that we attempt to detect
and punish crime unless we resort to
circumstantial evidence Crime shuns
the light of day. 1t seeks darkness. 1t
courts secrecy. 1t endeavors to escape
detection. The assassin moves stealth
lily upon his unsuspicious or sleeping
victims He calls no witness to see him
strike the fatal blow He attempts to
obliterate all traces of crime. He seeks
to cover up his tracks. Does the thief
take a witness to see him steal, or Tho
incendiary, to see him apply the to oh
"You must resort to circumstantial
evidence or crime must remain unpunish-
ed. If you wait for an eye witness to
the crime; if you expect a felon t. cal
one to witness his criminality, you at
once grant impunity to crime. I ere
may have been cases in which the in
nocent have been convicted. If this is
so, it is a reason for caution, for giving
to each circumstance its just and ap
propriate weight; not for disregarding
such proof or neglecting to give it proper
consideration
Another point worthy of consideration
is the following regarding supposed
erroneous verdicts:
"The cases of erroneous verdicts now
that they were so few. Did you, gentle
men, ever know or hear of one in this
state? The stories told of such instances
may or may not be true but of their
truth you have no proof. They are re-
sorted to for the purpose of imposing
upon the timid jurymen the belief that
there should be no safe conviction upon
circumstantial evidence; that there is in
finite danger of innocence if there is
such conviction. They have nothing
to with the case under considerat ton
This you are to decide upon the evidence
before you-upon nothing else"
Judge Weber certainly made his in
structions clear and explicit. No jury
man could misunderstood them.