The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1908-02-25
that Jim had.

that Jim had.
AS to the shots, the states wit
nesses could not have told which
reports were really heard first; per-
haps the heavy" shot referred to
was but the echo of Jim's shots.
The state would have the jury be-
lieve that after Jim had fired the
four shots at Williams he had run
into the house, got down the shot
gun, ran back and fired off tie fire
arm, all within ten seconds; and on
this testimony the state desired the
jury to hang the defendant.
Much had been made of the
fact that the deceased (Williams)
was left-handed. Admitted that
Williams was left-handed (Which
the speaker did not) he might
shoot right-handed, as many other
homesteader was in the habit of do
ing.
The defense, said Mr.. Scrutchin,
had brought Mrs. Alexander,
daughter Of the deceased, to the
stand, not for the purpose of tes-
tlfying to any material matter, but
simply as stage setting for effect.
He was sorry to see that. He was
greatly pleased, however, to see the
magnificent womanhood developed
under the care of her mother. Her
father had deserted her, in her youth;
a fact which the defense did not
want to bring out, but the state had
failed to do so.
AS to the pipe which the state
makes part of it's trump cards,
none of the witnesses except Mr..
Samuelson, the assistant county
attorney, had seen it.
(The speaker here was interrupted
by Mr.. Stanton, who reminded him
that Mr.. Walsh had testified that he
saw the pipe.)
The state had asked why defend
ants wife had not been brought into
court to testify in the case. She had
not been present at the killing of
Williams, and she would not 20 or
the stand and perjure herself, even
to save her husband. :
The speaker closed with a picture
of Godetts defending himself from q
man who was trying to rise and ge,
his gun to kill defendant. If the
Jury found Godetts guilty, Mr.
Scrutcbin assured them that he
:, -
(Godetts) would mount the gallow.
with as much nerve as he had dis
played when stripping for his con
tests in the ring.
Immediately after the pleas hac
been made to the jury, Judge SpooneI
began his charge to the jury. The
chargeT.wa very fair and impartia
one, reviewing the evidence in thu
case, quoting the law relative to self
defense, defining murder in the frs
degree, and instructing the jury a.
to what they should do in the case
finally concluding with the positive
instruction that they must return one
of two verdicts, either that of guilty
of murder in the first degree O.
acquitta].
After reading the indictment tt
the jury, Judge Spooner said thai
whether there existed in the minc
of the defendant premeditated death
or whether he was justified in the
killing there was no denial of the
killing; the evidence showed the
killing.
The state had assumed to prove
every contention as to whether the
killing was premeditated or not. The
defense had thrown around the de.
PENDANT a reasonable doubt. Ir
arriving at the conclusion of facts
the jury must taken into considera
ton the presumption that the defend
ant was innocent, and must accom-
pany them in all deliberations unit
removed by weight of evidence to the
contrary. The grand jury indict
ment was no proof of guilt.
The judge gave the present
supreme court ruling as to reason.
able doubt, which left that matter
clear to the jurymen.
Every rational being was presumed
to be responsible for his acts. Every
homicide is unlawful.
One fact in arriving at verdict