The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-03-03
FRITCH CONVICTED ON
MANSLAUGHTER CHARGE
CONTINUED from Page oneD

stances OF tillS case Stdnu IKE SpS'-
ter from another world, and out OF
this specter. possibly, the face OF
Mabel Millman may look down upon
this man TO haunt him like the ghost
that appeared 10 Lady Macbeth: the
face OF Mabel Milman, dead, dead
and her body cut up.
Such an outrageous crime has not
come into the annals of this court and
possibly may never come again. And
now. gentlemen. with all these circum-
stances, is there any doubt as to the
guilt OF this defendant? Around your
own Preside. as you tell the story IN
the years to come. will you not say
that the circumstances woven together
here pointed beyond all question to
Or. Fritch as the man responsible for
the death of this girl?
AS | part from this case. let me
ask you gentlemen. to do your duty
and do ii without fear. You are con
sidering crime that is most das-
tardly. You are standing in the pres
ence of God himself. sworn to do your
duty as jurors and. gentlemen, | be
lieve you will.
The prosecutors argument was con
cluded at 1890. II had consumed
almost four and one-half hours. After
a brief recess Judge Phelan begun his
charge 20 the jury.
Defines MansIauohter.
At the outset OF his charge. Judge
Phelan defined the crime % man.
slaughter with which the defendant
is charged in the information and ex-
planned just what constitutes Grim
nal operation He reminded the jury
that. under toe law. a defendant Is
presumed TO be innocent until proven
guilty beyond a reasonable doubt.
which he defined Full instructions
were given as to the weighing of the
testimony OF witnesses, and the credl-
bility of each in the light OF their
testimony, its relation TO the other
testimony submitted and their de
meanor upon the stand.
You will remember" he said
that the rule is not that each wit
ness who testifies to facts must be
consistent with every other witness.
but that each circumstance that is
established according to your salts
faction must be consistent with every
other circumstance that is established
10 your satisfaction. In other words,
II is the proof that must be consist
ent not the witnesses necessarily"
The court then pointed out the diff
ference between direct evidence and
circumstantial evidence and contin-
ued 4
You will recall that the de-
ceased. Mabel Millman, visited
this city Aus. II and was met at
the depot by her friend, Martha
Henning. with whom she lived
until the eth OF that month. You
have heard Miss Henning's testi-
mony that she accompanied the
girl 10 the Office of this defendant,
and you will recall the conversa-
ton which took place between
those two women afterwards. You
recall the testimony OF Mrs. Nc
Dougall, the landlady with whom
those girls resided. that Mabel
Millmau left Mrs. McDougalrs
house some time during the after
noon of Aug. %. and. further. the
testimony OF Miss Henning, that.
after she nal parted with her
friend in her room on the morn
ing OF Aug. q, she never saw her
again In life.
Reference has been made to the
acts OF some OF the members of
the police department that the de-
PENDANT Fritch was not allowed to
see his attorney Immediately after
lie was taken into custody, upon
the charge OF having caused the
death OF Mabel Millman. In that
connection. I wish TO say TO you
that Capt. Mcdonnell Is respon-
slble 10 his superors in the de.
partment OF police. II, in the dis
charge of his duty. he assumes to
deprive a person accused OF crime
Of the right Of meeting and con
sulting with his counsel. Whether
MIR Lodges Law partner or Capt.
Mcdonnell states correctly the
tact in tnat particular matters not
TO the issue involved I'm this case,
namely. the fixing by the state of
the responsibility for the death OF
Mabel Millman. and | charge you
now that you ore not to be inhu-
Cnced. your judgment swayed or
your minds prejudiced by the
terms sweat box" and third de-
gree" alleged tO have been used
in connection with the acts of the
police in causing the arrest OF
this defendant. FOR the reason that
il has nothing whatever to do with
the Issue In this case.
police Acted Within Authority.
Tho ofRcerS WhO arrested this