The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-13

Liz u6I0uS6 ulu uOI Cu6
order, but commended it was entirely un-
necessary.
Judge Cray advised one Of the jurors
that he would be near to receive a ver-
dict until 10 CLOCK tonight, and also
until the same hour on Sunday night.
JUDGE CRAY 1NsTRUcTs
Jury May Not Convict Of Less Thar,
First Degree Murder.
Special to The Journal.
Mankato, MINI, May 13.-Judge
Cray's instructions to the jury were
given Immediately after Mr.. Brown fin
ished his argument, and were, in part,
as follows:
I 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 JUS
tice between the people of Minnesota upon
the one side, and the prisoner at the bar
of this court, charged with a most CREW.
Gus offense, upon the other.
Upon one side 1t is your duty as good
citizens and as Jurors, to see to 1t that
! the dignity Of this state is maintained,
| that it's people b secur In life and limb
| from the unlawful violenc of any person,
to see; to 1t that the willful taking OF an
| innocent human life Is met with proper
punishm ent. to Sc to 1t that homicide Is
met with due retribution, swift and sure,
and to see to- It that the laws of this
commonwealth for the protection of its
citizens are promptly, willingly and cour-
Iageously enforced, no matter who or what
! the offender may be.
I On the other hand it is as well your
i 1y,f,v DO 20 :,
shall suffer punishment; to see to it that
| the laws Of this country. enacted for the
protection Of all its people, are so admin
istered that every man may rest secure
in the assurance that If he is innocent
OF crime, he is absolutely safe in tina
hands. Of the law; and that the strong
arm fthe law is thrown as protecting
shield around every man. whatever or
whoever he may be, provided only that he
be innocent of wrong.
Take with you to your juryroom these
in1unctions and do your duty thoughtfully
and honestly. with an eye only to the due
administration Of the law and let the con-
sequences be what they may.
Do not allow yourselves to be swerved
one hairs breadth from a straight line.
eithr 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 II you
err, the fault is not with you.
Judge Cray then repeated the indict-
ment upon which the defendant ID
being tried, and continued:
The defendant, George R. Koch. has
entered his plea of mot guilty" Of the
crime SO charged against him, and It II
for you, under the instructions Of the
court, to determine the question Of his
, guilt or innocence.
i At the outset. in this. as in all othel
criminal cases, the defendant Is presumed
! to be innocent of the offense with which
he Is charged until he is proved to b
guilty
+ In order to justify you in finding By
, your verdict that the defendant Is guilty,
/ it must appear by the evidnce introduces
t upon the trial, beyond reasonable doubt
. that the defendant is guilty Of such Of.
9 fens, and If the evidence fails to satisfy
;. your minds as reasonable men, Of the de,
fendant's guilt, beyond a reasonable doubt
Q then it is your duty to acquit the de-
! PENDANT.
No Presumption Against Koch.
D It is incumbent upon the prosecution
! to prove every material allegation Of tai
: indictmnt as therein charged, beyond [
: reasonable doubt nothing is to be pre-
g sumed against the defendant; notwith
p standing the fact that he has been In
t dicted, the law presfnes him innocsn
until he is proven guilty beyond a reason
able doubt Of the defndant's guilt, thel
1t Is your duty to acquit him.
u If it is possible to account for the dealt
:. of the deceased Louis A. Gebhardt upol
: any reasonable hypothesis other. than tina
}, = Of the guilt o fthe defendant, then It I
!, your duty to so account for 1t, and I'M
"a the defendant not guilty, even tho tn
r evidence is SO strong that it demonstrate
t. the probability Of the guilt of the de
PENDANT.
h What Reasonable, Doubt Is.
y What is reasonable doubt within til
i meaning of the law? It is not a mere pos
r sible doubt, because everything relatfn
/ to human affairs and depending upo
IT moral evidence, is open to some possib3
id doubt.
reasonable doubt is that state Of tn
ct case, which, after the entire compariso
..e and consideration of all the evidenc,
Is leaves the minds Of the jurors in ths
- condition that they cannot say that the
y feel an abiding conviction to a mors
- certainty that the charges made are trul
20 Absolute certainty is not required
y order to justify the conviction of q pei
N son charged with crime. but when II
evidence establishes the truth Of Il
charge against the accused to a NOR
certainty, a certainty that convinces an
20 directs the understanding and fully sal
70 isles the reason and Judgment of tho,
"a iwho are bound to act conscientious
"a upon it, then the proof Is beyond
al Continued On Cd Page. 9Th Column.