New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-17


next day and singing with his friends,
and going to the funeral Of the dead
man and raising his face and voice IN i
sacred song. If this man is guilty it
contradicts all human history. Neither
history nor story tells of anything like
this
The young man was stricken not be
cause of guilt but of the cloud that
hung over him. If | or you were to
know that ten respectable citizens We're
whispering such charge against us, 1t
would break our hearts. He demands to
60 on the witness stand that he may
let the world know all his movements
and thoughts.
I am not excusing the murderer of
DR.. Gerhard, but his death took no
shame with it to his family, and the
shedding of more blood will not restore
him. The testimony that convicts his
murderer must be above suspicion and
shut out every ray of doubt.
If YOU convict this defendant, you
will be convicting an innocent man.
MI. Brown concluded his address at
about eleven o'clock.
Judge Cray delivered the following in
structions to the jury:
Judge Cray's Instructions.
|
You have been called from your sew
eral homes to this court to sit as jur-
ors in the trial of most important
case. Your duty is extremely grave.
This case has commanded your earnest
attention for every moment during its
hearing thus far, and it demands your
most careful and painstaking attention
until its final close.
/ / 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 justice between the peo
PIE VI lIc SttlGc VI NIiuheooCtt upoi
the one side, and the prisoner at tn;
, bar of this court charged with a mos
grievous offense, upon the other.
Upon the one side it is your dut,
as good citizens and as jurors, to see t.
, it that the dignity of this state i
} maintained, that its people be secure il
life and limb from the unlawful VIC
t lence of any person, to see to it tina
l the willful taking of an innocent huma
Y life is met with proper punishment, t
S see to it that homicide is met with du
d retribution, swift and sure. and to Sc
to it that the laws Of this common
e wealth for the protection of its cit
y zens, are promptly, willingly and cou1
S ageously enforced, no matter who {
l. what the offender may be.
$ On the otner hand it is as well yol
# duty to see to it that no innocent ma
l. shall suffer punishment; to see to
is that the laws of this country enacte
a for the protection of all its people, a:
d so administered, that every man ma
10 rest secure in the assurance that if
Is is innocent of crime, he is absolute
i'd safe in the hands of the law; and th
w the strong arm of the law is thrown
it a protecting shield around every ma
# whatever and whoever he may be, pr
10 vided only that he be innocent {
n wrong.
I'd Take with you to your jury roo
ed these njunctions, and do your du
thoughtfully and honestly, and an c
he only to the due administration OF t
law. and let the consequences be VIII
at they many Do not allow yourselves
be swerved one hairs breadth from
go straight line, either by popular clam
~ public sentiment or human sympatl
III Be governed in your actions by yc
70 own conscientious convictions, as
w. what is right, and what is wrong, and
w.. you err the fault is not with you.
w The defendant George r. Koch, is
nd trial before you charged in an indi
,- ment by grand jury with the cri
H. of murder in the first degree.
10 The defendant George r. Koch has
ho tered his plea of mot guilty. of
crime so charged against MIN, and
i. is for you, under the instructions
-. the court, to determine the question
=, his guilt OF Innocence of the crime VIII
-. he is SO charged with having comm
ted.
- All questions of fact in the case
NJ for the jury to consider and determ
80 but the law applicable to such ia
:; will be given to you by the court,
you are required to abide thereby i
comply Herewith, and if the co
'oN shall charge you that if you find a
" tain state OF facts to exist. your ver
should be one way but if you do
~ find such state of facts to exist, y
''it' pprdipt ShOuld hp anothpr Wav