The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-12-09

may have in the result of the trial,
the case; the probability or improbable
ity of the evidence given by them; the
they may have had of
knowing of the facts whereof they
testify; their manner and appearance
upon the stand when giving their testi-
mony, and their apparent candor or
lack of candor, and as well, all the
facts and circumstances brought before
you which can aid you in the matter
when a person is accused of crime
it is natural to enquire whether such
person had motive, and from a care
full consideration of this question in
the case before you, you may get ma
terial aid in determining the question
of his guilt, or innocence.
THE question of motive, like all
other facts in the case, is one for you
to determine from all the evidence in
the case.
Regarding Conversation.
Evidence has been given by the
state of various conversations with
and statements made by the defendant
with divers persons. These converse
tions are claimed to have been had al
the county Jail in this city, and al
divers other places. L instruct vol
that such evidence should be received
by you with great caution: Such evi
dence consisting of repetitions of ora
statements is subject to much imper.
lection, the unintentional altering OF
a single expression or a word used
may give an effect to the statement
materially at variance with what the
party said.
1.-THE question of the weight of sucI
evidence, however, is with YOU and fol
you to determine. You are the eXclu
sive Judges of what, if anything, was
actually said
The defendant, Whitford NJ. Hall
was called and testified as a witness in
his own behalf. You should receive
and consider the evidence given by him
as you do the evidence of other wit
nesses, and in considering and weighing
his testimony you have Il right to, anC
should, consider his interest i'll the out
come of this case; his demeanor upol
the stand while testifying; the prob
ability OF improbability of statement.
made by him; his candor, or lack O.
candor, if any; and apply to it all til,
tests used by you i'll considering, anC
weighing the testimony of other wit
nesses."
Definitions of the different degree,
OF murder were then gone into by tn,
Judge. Hall was charged with murder
in the second degree.
Murder i'll the second degree is sucl
killing of human being when commit
ted with design to effect the death O.
the person killed, or of another. bu,
without deliberation or generalization
reconciliation and elaboration beins
necessary before conviction can b,
had upon charge of murder in In,
first degree, but not in the secon,
degree
Having now given you the deiini
lions of murder in the second degree
and manslaughter i'll the first degree
1t becomes necessary for me to inform
You as to justifable and excusabl,
homicide.
When Homicide Is Excusable.
Homicide is eXcusable when com
mltted by accident or misfortune, il
doing any lawful act by lawful means
with ordinary caution. and without
any unlawful intent. 1t is iustifabl,
when committed, either in the Lawful
defense OF the slayer, or of his or hel
husband, wife, parent, child, brother
sister, master, or servant, when there
is reasonable ground to apprehcnd {
design on the part of the person slalr
to commit a felony or to do some great
personal injury to the slayer or to any
such person, and there is imminent
danger of such design being accom-
pllshcd; or in the actual resistance OF
an attempt to commit a felony upon
the slayer, in his presence, or upon OF
i'll a dwelling or other place of abode
i'll which he is.
Before conviction of either muir
der or manslau.hter can be had, tn,
death of the person alleged TO hav,
been killed, and the fact of the killing
by the defendant as alleged, must bt
established as independent facts, tn,
former by direct proof, and the latter
beyond Il reasonable doubt"
Judge Pau then gave resume o.
the evidence that had been introduced
during the progress of the trial
Intoxication No Excuse.
There is some evidence i'm this cas-,
tending to prove that on the day il
question, to-wit: of the alleged shoot
ing, the defendant Whitford NJ. Hal
had INDUCED in some extent to the us,
of intoxicating drink, and while til,
defendant in this case does not claim
drunkenness as defense herein, yct
| charge you no act committed by ;
person while in a state of voluntary
intoXication shall be deemed less Grim
inal by reason of his being in sucl
condition, but whenever the actual cx
istence OF any particular purpose, mo
tive or intent, is necessary elemen,
to constitute particular species OIL
degree of crime, the jury may take in
to consideration the fact that the de-
PENDANT was intoxicated at the time, il
determining the purpose, motive or III
tent with which he committed the act
IF YOU find from the evidence be-
yond Il reasonable doubt, that at the
L :.