davidaulloa/AmericanStories huggingface dataset:
Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1908-10-16
it is incumbent upon the prosecution

IL IS incumbent upon the prosecution
to establish two ultimate facts before
the defendant can be convicted First
what is known as the corpus deficit
the fact that a CRIME has been COM
mltted. Second, that the defendant
on trial Is the person who committed
the act constituting that crime.
The first fact which the prosecution
must establish in this trial is that
VIM. R. Gollnik was killed by the
wrongful act of some one. It must
establish this fact beyond reasonable
doubt and by direct evidence and must
adduce evidence tending to prove it
other than testimony as to admissions
or statements made to third parties
by defendant
If, after considering all the evidence
in the case, you are convinced beyond
Golln1k was in fact killed by the
wrongful act OF some one, you viii
then pass to the next, second question,
whether the wrongful act by which
he was killed was committed by de-
tendant, Mrs. Gollnik, and in the
manner alleged in the Indictment.
This is the all important question IN
this case. In considering it you will
bear in mind that defendant is pre-
! sumed innocent until proven guilty,
and in case you entertain a reasonable
doubt as to her guilt that she is
entitled to an acqulttal
The prosecution do not produce any
witness who testihes to having seen
the defendant commit the act charged,
and, in explanation, assert that the
act was committed at time and place
where no witnesses were present.
The prosecution, therefore, seek to
fasten guilt upon the defendant by
what is known as circumstantial
evidence. They present evidence tend
i ing to prove chain Of circumstances
which they claim leave no reasonable
conclusion other than that Of defen-
dant's guilt. In many cases direct
evidence cannot be obtained and
circumstantial Evidence v l d nc
showing the surrounding and attend
ing facts and circuinstances-is the
only evidence procurable. A crime
may be proven by circumstantial
evidence with as much certainty and
just as conclusively as by direct
evidence if the facts and circumstances
proven are sufficiently strong and con-
vircing.
But in order to warrant conviction
on circumstantial evidence alone it
is necessary, not only that the
circumstances proven concur to show
that the accused committed the crime
charged, but also that they are incon-
sistent with any other rational con-
clusion. The facts proven must not
only all coincide with, account for,
and consistently point to the
hypothesis that the accused committed
the crime. but they must also exclude,
to a moral certainty, the hypothesis
that it was committed by any other
person.
In the present case you will weigh
and consider all the evidence before
you In the light of, the attending
circumstances shown by the evidence
and give to all parts of it such just
weight and probative force as you
conscientlously deem it entitled to-,
Continued on sew enth mage.
Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1908-10-16
heard it. following his mastery OK
animation of witnesses

AodIu IL, IO1lOWlu8 MS mastery 0X-
animation of witnesses
Frank Lyons spoke in behalf of his
client. He said, that so far as able. he
would try to review the evidence-not
with view of making the worse
appear the better, nor the guilty
appear innocent. He said that the
state had shown but three or four
instances when the defendant had
stated that she hated her husband,
and said that they had good deal of
trouble and could not get along to-
gether; that although this might be
true, still that should not cause the
jury to believe that she had killed her
husband. He said that Mr.. Gollnik
had been to the city on "Wednesday
with a neighbor on some business
and had shown some money while
there; that the state claimed he came
home drunk, but that he was able to
take care of his horse, ate supper and
prepared himself for bed without
assistance and even if he were drunk
that should not be taken as proof that
she had killed him; that the DISPOSE
ton and manner of her daughter, Mrs.
Mangel, showed that she hated her
mother, and was doing all she could to
fasten the guilt upon her and that she
herself has had trouble; that the state
! ments made by the states other
| witness, Mrs. Viechorek, were wholly
| uni eliable, had contradicted herself
many times and showed that she was
! anxious to testify against the -defen-
dant; that the defendant had told the
facts as they happened in clear and
| ooooiso ND %1o4
be no doubt of the truth of them.
He then asked the jury to carefully
consider the case and, if possible,
send the woman home to her family.
JUDGES CHARGE TO JURY.
GENTLEMEN-You have listened
patiently to the evidence in this cast
for several days 1t is a very i'm
portant case, and deserves the care
and attention you have given it, The
defendant, Matilda Gollnik is &C
cused of the crime of murder in the
second degree.
In the indictment the grand Jury
charges that the said Mathilda Coll
mix, on the 18th day Of August, A. D.
1908, at the town of Swan River, in
the county of Morrison and state Of
Minnesota, then and there being, die
wilfully, felonlously and Intentionally
without excuse or justification, with
out authority of law, with malice
aforethought and with a design tc
effect the death Of human beng, tc
wit: one William r. Gollnik, but
without generalization or elaboration,
strike and beat the said William R.
Gollnik over the head with a certain
deadly instrument, more particular
description thereof being to this
grand jury unknown, then, there and
thereby infiictlng upon the said
William r. Gollnik a mortal wounG
from which said mortal wound thu
said William r. Gollnik, on the 16tl
day of August, 1908, at the city o.
Little Falls, in the county of Morrison
and state of Minnesota, did die, con
trary to the form of the statute in suct
case made and provided, and against
the peace and dignity of the state Of
| Minnesota
In this. case, as in all criminal cases
Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1908-10-16
PLEED1NGs OF ATTORNEYS.

County Attorney Cameron made a
strong argument before the jury. We
quote him in part as follows:
,,5''The general aspects of the case
were taken up and considered at some
enormity of the crime-of the fact that
the deceased, William Gollnik, q
prosperous, hard working farmer of
Swan River town, had been murdered
in his own house at night where he
had laid down upon his bed with his
trousers on while in an intoxicated
condition. The rules of evidence
governing in criminal cases were re-
ferred to and the jury reminded of the
fact that the state is not called upon
to find the defendant guilty beyond
any possibility of a doubt, but that
the jury must be satisfied beyond any
reasonable doubt that the defendant is
guilty of the crime charged; that the
rule of evidence means just what it
says, and that is, that the defendant
is guilty beyond any doubt that is
reasonable; that 1T does not mean any
fantastical doubt or unreasonable
doubt. It was shown that the state
was vitality interested in the conviction
Of the defendant, if she were guilty,
to the end that others medltating the
taking of human blood might be
deferred; that the state was equally
as interested in protecting the
innocent as in convicting the guilty;
that the defendant was also vltally
interested in the outcome of the case
inasmuch that she would be i'm
prisoned in the penitentlary
The prosecution argued to the jury
that the grand jury had seen fit to re-
turn an Indictment against the defen-
dant in the second degree and that it
was not subject to the slightest
centure; that the grand jury was
composed of a body of intelligent men
who did their duty without fear or
favor and the defendant certainly
could not complain that the grand
jury had not compelled her to face the
charge of murder in the first degree
The testimony of ali the witnesses ex-
amined in court both OIL behalf of the
state and those on behalf OF the defen-
dant were considered in detail and the
whole case was thoroughly gone into
with care and with fairness; the de.
PENDANT was not abused and no sensa-
tlonal utterances resorted to-.
Mr.. Gameron's very able argument
made a strong impression on all who
Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1908-10-16
IN REBUTTAL.

Frank Long again recalled, and
again explained the blood spots found
on lamp chimney. which was found
after the murder on hay rack.
Mrs. Mangel was asked about the
time when her mother said she would
shoot her father, and stated it was
about Nov. 2 of last year; said that
her mother had stated to her that she
had thrown revolver far into the
brush quite a long while ago and also
said she knew how to handle 1t.
Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1908-10-16

CONTINUED on sew enth page. }
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15

G. Fl. McMahon, representing the
Simmons Hardware Company, was in
town Wednesday.
Mr.. Meecham. representative of the
Inter-Mountain Civil Service Schools of
Salt Lake, arrived in the city yesterday
and will be at the Hotel Burgoyne today
and tomorrow for the purpose of meet
ing young men who are interested IN
taking the examinations to enter the
railway mail service. He states that
there is a great demand for men for
these positions now. The examinations
are held about four times year, and
Mr.. Meecham' institution is to prepare
young men for these examinations.
A petty thief, who had planned raid
on Henry Hoff's smoke house was rude
~ interrupted Wednesday night by Mr.
Einzinger who lives in the house just
back of the butcher shop. Mr.. E.nzin-
ger went into the yard for the purpose
of changing horse tied in the yard
when he noticed man standing in the
lane. He addressed the man, who pro-
fessed to be looking for the street. Mr.,
Einzinger noticed that he held bundle
under one arm, and was trying to hide
another which he had not picked up yet.
When he saw that Mr.. Ein2inger was
intent upon being curious he forsook his
booty and broke and run. Officer Knutti
was notified and came as soon as possible
but no clew as to identify of the thief
has been discovered. In the sack he
left behind was two strips of bacon, and
lard can partly filled with dough. 1t
is supposed that the man thought the
bucket contained lard. What he had
in the sack he carried away with him
has not yet been determined.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15

directly to the Individual he referred to
and that he was casting a slur at the
entire council by making such state
ment in open council. All presen,
denied having said anything against
the mayors personal character.
Mayor Cruikshauk this morning In
formed the Examiner that ihasmuch as
sentiment of the council seemed to b.
unanimously against the plan he had
proposed on the police question, that il
would be settled to the satisfaction OF
all just as soon as possible.
Bids were before the council again
last night, and all bids on the construc.
tion of the laterals were rejected,
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
GEORGETOWN
IS CITY NOW

The Village of Georgetown held
its first meeting under the new in
corporation last Thursday night,
and elected trustees and made ar
engagements to establish a village
government.
The following members were
chosen as Village trustees; Chris
Sorensen, IL. ii. Hoff, j. M. Bee,
Willard Stoddard and Alma Hayes.
IL. III. Hoff was elected as chair
man of the board and j. NJ. Bee,
clerk. The only other officers
chosen were a marshal and road
supervisor. John Barkdu1l was
chosen as marshal and David Bark
dull as road supervisor.
A meeting will be called in the
near future at which time the city
books will be opened and the arrange.
ments completed for the city gov.
eminent. Every one is interested
in the work and the people appre.
ciate the fact that they are now .
municipality all to themselves.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
HOT TIME AGAIN
OVER CHIEF OF POLICE

The council held another stormy ses
sion last night. The chief of police
question was up, and some real fire.
works were displayed.
The oath of office of Henry Dalrymple
was read, and the mayor then offered
the appointment of Ed French as special
policeman under Dalrymple, to act
without pay.
the mayor did not have to wait long
TO know whether or not his appoint
ment would be confirmed. Tor every
councilman was protesting at once
against the mode of procedure.
The council explained as their position
that they were entirely satisfied with
the name of Mr.. Dalrymple, and equal
ly pleased with the service of MIR.
French Mr.. Dalyinple. they consider
as mere iigurehead. as Mr.. French
would be the real chief of police.
1--WE will confirm any good man you
appoint, said one OF the members, 'but
we will not stand for this second man,
beating around the bush proposition
We want a policeman who will attend
to the duties as long az he holds the
Office"
The 'mayor insisted that he was Civ.
ing better service under his plan. and
no agreement was reached before ad.
| journment.
The real fireworks were started when
the mayor informed the council that
reports had reached him that some
councilman. had been upraiding his
character. IF can get sufficient proof
Of this, said the mayor, II will make
that man trouble I will take the mat
ter into the courts
At this Mr. Malone sprang to his feet,
trembling with indignation. He de
clared that it was the proper thing for
the mayor to take his personal trouble,
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
MORTGAGE FILED
FOR sIO,Ooo,OoO

The largest mortgage ever recorded in
Bear Lake county, and outside of the
mortgages ON the Dam and Water sys-
TENS at Twin Falls, one of the largest
in the State of Idaho, was filed yester-
day with County Auditor Holmes. The
instrument is-for $40. 900, 900, and is ex-
ecuted by the Telluride Power Co. to
the Citizens Savings and Trust Co. of
Cleveland, Ohio. 1t coyers the holdings
franchises. etc. of the Company includ-
ing their power plant on Bear River.
below Soda Springs. The mortgage is
executed for the purpose of selling per
cent gold bonds, with the Citizens Saw
ings & Trust. Co. as q trustee. The
money is to complete the immense pow
er system. and carry ont the plans of
the Co. The company plans to spend
large sums of money in this county.
The instrument covers 43 type written
pages, and the recorders fees on the
same, amount TO $40.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
THOMAS ORCHESTRA
MEN USING BAUEk'S
Dealer Lyle of GAINESVILLE, Wis.
Is Proud of his Line of
Pianos.

A. Y Lyle. l07 West Milwaukee street
Janesville, Wis, who has sold great
many Bauer and Schiller pianos, pub
fishes the following:
.'Paderewski in an interview accorded
newspaper man recently, said, Fred
erick Stock is man America should
appreciate, for not only is he a great
director, bu he knows m1sic with a
bigness and thoroughness of grasp and
is splendid composer What has this
to do with the Bauer plano2 simply
this, that the Theodore Thomas Orches-
ira is composed of men who are masters
of tone, and the majority of these men
bought Bauer pianos fer use in their
homes and studios, and paid for them
just as you would, when they could
have had their choice of other makes
simply by giving testimonial and not
paying one dollar Among these great
artists who put their cold cash into
Bauer painos instead of accepting other
famous makes free. are Frederick Stock.
director; Mr.. Ulrich, manager; W.
Woollett, Paul Schoesslin, Bruno Kuehn
R, Seidel, w Unger, and many others
Julius Bauer 81 Co. make no use of
testimonials For halfa century they
have been making the best piano in the
world and marketing it without resort
ing to any Of the scheme or tricks Of
the trade. believe that III the Bauer
L
and Schiller pianos have the strongest
team that ever came down the pike
Thirty thousand Schiller pianos are
telling their oan sweet story in the
homes and institutions of America, and
have yet to learn of the first case Of
dissatisfaction
Clipping from ''TuE PRESTO, ono
OF the leading musical journals and
trade papers of the United States. Issu,
of April 9, 1908.
Tue pianos mentioned in this article
are soli by the Thatcher Music Co
Montpelier, Idaho.
+
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
Notice to Stockmen.

We " ill demonstrate our Chloroleum
or Denver dip at the Anderson Watts
near Border, Wyo.. some day next
week and we will ask yon to hold your
orders for dip until you have heard the
results obtained from onr dip. This dip
can be used hot or cold with the same
results. Not injurious to the wool or
sheep. We carry Chlorolenm in car
lots. Hold your orders for us.
ENoS HARNESS SHOP
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
Human Filters.

The function of the kidneys is to
strain the impurities of the blood which
Is constantly passing through them.
Foley's Kidney Remedy makes the kid
neys healthy SO they will strain out the
waste matter from the blood. Take
Foieys Kidney Remedy at once and It
win make you well. Modern Pharmacy.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
A coIIfornion,s Luck

"The luckiest day of my life was the
day | bought a box of Bucklen's Arnica
Salve:" writes Chas. f. Budhahn, of
Tracy California. Two25c, boxes cured
me Of an annoying case itching piles
which had troubled me for years and
that yielded to no other form OF treat
ment.' Sold under guarantee at Ritter
Drug store.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15

For sale-At bargain. One gasoline
engine lone and one half horse power,
in good condit The Examiner is in
stalling an electric motor and will sell
the gasoline engine which has furnish
ed power. at sacrifice.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15
Annual Statement.

The Mayor and City Council of the City of
Montpelier Idaho, in conformity with thespro-
visions OF section 1926 of the Political Code OF
the State of Idaho. prepare the following state
ment for the year zoos and order it spread on the
minutes OF the said city and published for four
consecutive weeks in the Montpelier Examiner
The revenue OF the said city for the fiscal year
ending the first Tuesday in May, 1908, was
81, 1877 So and the expenditures for same fiscal
year was $7,e42S9
The probable amount necessary for the ex.
penses for the fiscal year ending the first Tues
day in May 1919, for all purposes Is as follows:
General and extraordinary expenses
Contingent for the payment of salaries $500 90
Interest on water works bonding fund 1900 90
Water works fund ............l 500 90
Sislxing fund TO take up 1907 warrants $50 90
Total. ......... .SlOs5O 90
The estimated income of said city for the
fiscal year ending with the first Tuesday in
May, 1909, is as follows:
From general taxes ACKNOWLEDGEMENTS $500 90
From special taxes. Observation-Disclosures. 900 90
From city licenses of all kinds - 1000 90
From county licenses ..... / 4IO 90
From water works system ...*........ $500 90
From all other sources ..... 1910 90
Total. .$1Os5o 90
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15

Dad Bryan, veterinary surgeon,
calls promptly attended to in any part
of the county; phone No. 9. 50
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15

If there is any class of printing you
have been sending away for don't do It
now. The Examiner is prepared to
print anything that can be printed.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1908-05-15

1t is a pity to see person neglect in
dicattens OF kidney disease or bladder
trouble that may result In Bright's dis
ease when Foley's Kidney Remedy viii
correct all Irregularities and strengthen
those organs. Take Foleys Kidney
Remedy at the first sign of danger.
Modern Pharmacy.
The daily tribune., 1908-03-05
ALL BUSINESS HOUSES
WILL CLOSE ELEVENTH

The committee appointed by the
Business Mems association to solicit
the business men Of the city to deter |
mine just how many would be will
ing to close their doors at O'Clock
on the morning of March II, and keep
them closed until the return Of the
celebrators from Beaver park in the
evening. has finished its labors and
made its report to the association.
According to this report every busi-
ness man in town is willing to
close that day, 30 that they and
their families and their employees
may go out to the grounds to cele-
brate. The Tribune office will close
at noon and the paper will be is
sued earlier in the day than usual.
The celebrators will leave Flor.
ence about 80 in the morning and
will have hog-killing time for the
balance of the day. The committee
on banquet has completed every ar.
rangement for the success of the day
and the inner man will be provided
for. No one will be turned away
until he has had enough to eat and
plenty Of good hot coffee to drink.
The private citizens Of the city
should not hold back aud let the busi
ness men Of the town do all the
celebrating. This is q celebration
planned for everyone to enter and
the citizens should feel that way
about 1t. The object of the celebra-
tion is to show the appreciation of the
citizens to the Beaver Land and Irri-
cation company for the work they
have done in this vicinity in the
last year, all of which will be of
material advantage to Florence. 1t
Is one way the citizens will extend
the glad hand to the company and to
the settlers who will farm the land
in the near future. Let everybody
GO out and enjoy the day and get ac-
quainted with the new people of
whom there are many already locat.
ed. While on the grounds you will
he shown one of the most perfect and
up-to-date irrigation plants in the
West. The trip will we'll repay you
and you will feel better for the days
outing.
The daily tribune., 1908-03-05
HAS TAKEN CHARGE OF
MINES AT SILVER CLIFF

O. II. Swanson has taken charge
Of the Geyser mining property at Sill
YER Cliff and as soon AZ the water in
the mine can be pumped out will put
a large force of men to work develop
ing its resources. The Geyser mine
is the deepest in the state. the shaft
having been sunk to depth of 2,64O
feet. 1t has not boen worked for
eight years and was nearly full of
water when pumping operations be-
gan about a month ago. 1t has now
been unwatered to depth Of 2,l0O
feet and will soon be In condition to
permit mining in it's lowest levels.
The property is owned by New
York and Boston capitalists and is a
very valuable one despite its great
depth. Mr.. Swanson was in New
York recently and while there arrang.
cd with the owners Of the mine to
reopen it. Mr.. Swanson was here
yesterday but left for Silver Cliff this
morning.
The daily tribune., 1908-03-05

Try Tribune want columns
The daily tribune., 1908-03-05

TO VISIT LODGE-State Deputy
Miller Of the Homestead lodge arrived
today and will pay an official visit
to the local organization, making an
address tonight on the good of the
order. This is the most recently or.
ganized lodge in the city and already
has good membership. At the
of the business session re-
fresh ments will be served.
The daily tribune., 1908-03-05

SURPRISE PARTY-The Seventh
grade last night gave a surprise party
to Archie Patterson, thirty boys and
girls being present. Mrs. Patterson
was told of the plans a day or two
ago and had made preparations for
the evening. Dainty refreshments
were served and the youngsters enjoy
ed themselves by playing games.
The daily tribune., 1908-03-05
letter, Salt Rbeum and Eczema

These are diseases for which Cham
berlain's Salve is especially valuable.
1t quickly allays the itching and
smarting and soon effects a cure.
Price 20 cents. For sale by Daniels
drug store, It's
The daily tribune., 1908-03-05
Homeseek kers, Rates South.

One fare plus q. 90 to certain points
In Texas and New Mexico and re-.
turn; liberal limits; stop overs; via
Colorado and Southern. Full infor.
nation op application. T. Il. Fisher
General Passenger Agent.