The morning journal-courier., 1908-01-31
GooG.lart Cunning.


 that prove us guilty of wilful per jury?
 GooG;lart Cunning.
 You never heard a more shrewd, cunning, more embarrassing cross-ex- amner than MT. Goodhart here'' MT Williams showed examples where MT. Goodhart asked two separ- ate questions at once and how easily it might have mixed up witness.
 Now let us look at MT. Frederick, even though he did show some resent ment at Mir. Goodhart. He ought not to of course. But I didn't see anything about Frederick, but an honest man.
 Now we are getting down to the in teresting plrt of it. We have an off, cer with a revolver looking for burg lars. You must consider his interests in saving that. Here are two detec- tives charged of perjury to railroad an innocent man to prison to advance themselves. They were sent there to sit there and catch somebody who might break into the store. Could they look for any advancement on that score? If you believe either one of them is not a perjurer it is all over with Stowell as far as this charge is concerned
 "I tell you not to be humbugged with any such claptrap as that.
 You know what this story about the locking of the door. (Mr. Williams read from Dorman's testimony about what happened just after the arrest, when Stowell told the detectives they could square him, if they wanted to, and the story about his going out west) McAvoy said he locked the door with one of a bunch of keys before | they went away.
 This ingenious attorney asks why the detectives did not search him. It was because they were upset. I ask | in return why Sergeant Tiernan did not search him at the station house. They asked him what his keys were and he said they were his house keys. Why didn't he say to Frederick, Dorman, all of them. Search me and see if I have your keys. Search me, for Gods sake
 This knife cuts both ways. Why did detectives say don't talk?' To railroad him to prison? Why did they | not search him at station? He was | shown every favor. every consideration. It was hard for these men to lead him to the station house, a prisoner. Bosh for the claims dwelt upon for an hour that these trusted men tried to rail> road him to states prison. Oh, that isn't strong enough.
 q assume you are honest men who will consider this case fairly in the light of the law His Honor will give you. Leave the consequence between the court and those who are concerned. That is all there is to it. Uncolored by sympathy, unmoved by oratory on the part of the distinguished and elo- quent gentleman. do you duty. so you will not be ashamed"
 It was then 3:29 Judge Curtis inn mediately made his charge to the jury. The charge was as follows:
 ''Gentlemen of the jury: The law places about every person accused of crime the presumption of innocence The fact that suspicion has fallen upon the accused. and that he has been brought before you for trial should not affect your minds in the least against him. It is you duty to assume that the accused is innocent and that assumption should continue until and unless his guilt is proven. This presumption of innocence puts upon the state the hur- den of proof. The state must establish the guilt of the accused to your satis- faction beyond a eaSonahle doubt. You should never convict upon suspicion merely, however strong. In order .o find the accused guilty you should feel a strong conviction Of his guilt from the evidence, a conviction of guilt be- yond a reasonable doubt 1fyou do not feel from the evidence that strong con viction of guilt of the accused. you should acquit him, for in that case you