Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1908-10-16
PRISON FOR LIE
Continued from page six.

Continued from page six.
and from this consideration and
weighing of the evidence you will
determine what facts are proven and
established and then you will further
consider and determine whether the
facts you find proven and established
do or do not point clearly and unmis-
takably to the defendant as. the one
who committed this crime, and
whether they Go or do not exclude
any reasonable superstition that was
committed by any other person And
If after considering all these matters
you are satisfied beyond reasonable
doubt that defendant, Mrs. Gollnlk,
killed VIM. Gollnik by beating him
over the head with adeadly instru-
ment with design to cause his
death, it is your duty to find her
guilty.
The killing Of a human being,
unless it is excusable or iustifable. Is
murder in the second degree, when
committed with design to effect the
death of the person killed.
There IS no excuse or justification
in this case and under the evidence, if
the defendant committeu the act
charged in the Indictment, as therein
set FORTH she is guilty of murder in
the second degree and should be con-
victed accordingly. If she did not
commit the act charged IN the indict-
ment, she is not guilty of any offense
and should be acquitted.
The burden of the proof is upon the
prosecution to establish the guilt of
the defendant beyond reasonable
doubt. If they have done this, If
after considering all the evidence be-
fore you, you are satisfied beyond a
reasonable doubt that she is guilty,
1t 10 your duty to convict.
IT they have failed to do this, after
considering all the evidence before
you, you still entertain a reasonable
doubt as to her guilt, it is your duty
to acqult.
What is meant by a reasonable
doubt is hard to define or make any
clearer than the simple statement it.
self. 1t Is sometimes explained by
saying that you are convinced beyond
a reasonable doubt when you are
convinced to such an extent that YOU
would act on that conviction without
hesitation in matters of the highest
and gravest import to yourselves.
And 1t is likewise explained that if
you have or entertain reasonable
doubt when your state of mind is
such. that, if it were matter of the
highest and greatest possible concern
to yourselves, you would hesitate to
act. This Is the best explanation l
can give you and it may be of some
assistance, in determining whether
you entertain reasonable doubt, or
are convinced beyond reasonable
doubt
You are the sole and exclusive
judges of the weight of the evidence
and of the facts established by the
evidence. You are judges of the weight
and credit to be given to the testi-
mony of different witnesses. In
determining the weight and credit
to be given to the testimony of the
different witnesses, you should take
into consideration all the facts and
circumstances appearing from the
evidence that bear upon it, such as the
conduct and appearance Of the witness
while testlfying the inclination Of the
witnessto speaktruthfully or otherwise,
the probability or unprobability Of
the state of facts to which he testities
whether he is favorable to or biased
against the defendant; whether the
witness is or is not interested IN The
result of the trial; the means of
knowledge which the witness has con-
corning the matters about which he
testities or his lack of such means of
knowledge; the age and intelligence
Of the witness and whether his
memory IS good or otherwise; whether
his testimony is consistent with the
facts you find established by the
evidence in the case and in general
The defendant stands charged with
one of the gravest crimes known to
the law. and you should weigh and
consider all the evidence with exceed
ing care, to the end that Justice may
be done-to the end that if guilty she
may not escape, and if innocent, that
she may not be unjustly convicted.
The decision as to whether the defend
ant is guilty or not guilty rests with
you. In rendering your verdict you
will perform the highest and most i'm
portant duty you have ever been called
upon to discharge.
In performing that duty, consider
anu WoA8u CdI6dU1ly, 1a1Ely anu CoQ-
scientifically all the evidence before
you, and without fear or favor, and
without being swayed or Influenced by
either sympathy for the defendant or
adherence at the crime, in the words
of the oath you took when sworn as
jurors; we'll and truly try and true
deliverance make between the state of
Minnesota and the defendant accord
ing to the law and the evidence.
VERDICT OF JURY.
State of Minnesota VS.. Matilda
Gollnik:
We, the jury in the above entitled
action, find the defendant, Matilda
Gollnik, guilty in manner and form,
as charged in the indictment and we,
the jury, leave it to the mercy of the
court.
THOS. A. KRAUS,
-zs ,-... Foreman.
Little Falls, MIMI, Oct. II, 1908.
THE SENTENCE.
It is adjudged and determined and