The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-04-11
and not another is guilty Of the
offense charged"

lAAO OdSCS w l4lOIS SIdlCOs u1uSl "
proved to them as follows: First
That the wounds on the face and
body and head of the deceased, and
not other causes, brought about his
death. Second-That these wounds
we're made by an automobile. Third
That the automobile which made the
wounds was driven by Ted Collier
Fourth-That Collier was culpably neg
ligent, and that said culpable negi-
gence resulted in the wounds causing
the death of the man"
The court instructed the jury that
if they found these things proved so
that there was in their minds an
abiding faith amounting to moral
certainty then they should find the
defendant guilty, but that if the jury
should have reasonable doubt as to
any of these essential points in the
case it should return a verdict of mot
guilty."
The jury retired to the jury room
| just before O'Clock.
The jury spent decidedly comfor-
table night Thursday night, as just
after O'Clock they left the jury room
and went to the Eichelman Hotel for
supper. They did not return to the
court house Thursday night as the
attorneys in the case had stipulated
that the court should give the jurors
the privilege of going to sleep. The
twelve men and their bailif went up
to the parlor of the hotel, which had
and for an hour and half they
laughed and chatted and entirely for
got the differences of jurymen.
Just before 9 o'c1ocknthey all re-
tired for the night, and there was no
sound from the parlor during the
night save the monotonous snoring
of the Jurors. It is certain that the
jurors never thought of seeking ver-
dict in the case after they reached
the hotel, and most of them made an
effort to forget all about the case and
get some sleep. In the morning early
they got their breakfast and went
back to the jury room and began de-
| liberating again. There were many
strenuous argumentsin the room DUR
ing the morning, but notwithstand-
ing the fact that the bystanders
craned their necks to listen, it was
impossible to find out how the jurors
stood.
Court Gives New Instructions
Just before the close of the Court
session on Thursday evening Judge
Belden held a long conference with
the attorneys in the case and after
this conference the jury was called
into Court. The judge asked the fore
man ifBthe jury desired to have any
| further evidence read or if they de-
sired light on any special question of
| the evidence and the foreman
pended that he did not know Of
anything that the jury desired at this
time. No statement was made as to
the standing of the jury and no ques-
tons we're asked by the Court. The
Court stated positively that he did
not desire to ask any questions as to
the points holding the jury from an
agreement.
Before the jury was returned to the
jury box the judge read them new
set of instructions which were counted
on to bring a verdict.
The new instructions Of the Court
were regarded by the attorneys as
4 fo hio RI +a%o
on the former occasion. In the
instructions the Court said, s'The
only mode under the Courts of Wis
consin of deciding question of
fact is by jury and this fact must be
decided by jury at some time, am
certain that the case will never be
submitted to jury of fairer minded
men and it is just as certain that all
the facts and evidence in this case
have been laid before you. In another
trial no further evidence could be
presented" He then took up the
thatit was not necessary to regard
this clause too literally and that the
Jurors should feel certain of their yer.
dict before it was rendered. In this
regard he said that the verdict must
be the verdict of each and every
| juror, but at the same time the Jurors
should be willing to argue the points
at issue if such an argument would
make them any nearer to a decision.
while no juror" the court said,
should sacrifice his opinion in the
case, he must consider the views of
others in the discussion of the evil
dence."
In closing the instructions the court
urged upon the jury that the trial
had lasted for many days and that for
this reason he did not think that the
jury should be discharged until every
! possible effort to get verdict had
/ been made. The jury appeared de-
cidedly tired, but when they were in
formed that they would be permitted
to go to bed for the night they smil-
ingly returned to the jury room and
the fig hit was opened again.