The Detroit times., 1910-03-04

Tor your consideration as having
tendency 10 convince your minds
as 10 whether the defendant Is
guilty OF the crime which II Is
=, charged by the people. was the
result OF the defendants unlawful
act in procuring or attempting 10
procure n criminal operation upon
the body Of Mabel Millman.
Martha Hennine's Testimony
Some comments have been made
by counsel as 10 the testimony
given by Martha Henning az to
what Mabel MiIlman told her was
her purpose i'm calling on Dr'
Fritch. Our supreme court mas
laid down the rule that such tes-
timony is admitted fo- the pur'
nose of Illuminating and charac-
terizing an act which would other
wise appear only equivocal II the
mere statement of Mabel Millman
that she visited Or. Fritch In his
cnice stood alone. her visit might
or might not be entirely innocent.
She might have gone 10 get a posi-
ton or 10 have her eyes examined
or for variety of Innocent pur'
poses. which, without the cause or
reason OF the visit being ex-
planned, might be inferred or
guessed at But the testimony,
If believed as to what she said
was her reason for calling on Or.
Fritch, fixes the purposes and
character OF her visi: and reveals
the history and nature or her III
ness. A history OF her illness from
the very beginning 10 the end as
far as can now be learned was
most proper and perfectly legiti-
mate To prove the corpus deficit.
Concealment Indicates Guilt.
The cOncealment OF the evi
dence, the fruits or the results OF
a crime, is a fact that may be con
sidered by jury as tending TO
show that the person who Is in
terested enough 10 do the work OF
conceament, Judging men as We
find them, must have had guilty
motive for so doing. II is unlike
the conduct of an innocent man.
If you are satisfied from the evil
dence, beyond reasonable doubt.
that the dismembered fragments
OF human body which were
taken from Ecorse creek and the
shore of Crosse lie, belonged In
her lifetime 10 the body OF Mabel
Millman: and If you are further
satisfied that the defendant Fritch,
In the night time. clandestinely
disposed of these fragments in
Ecorse creek. AIS possession OF the
In Tod Of he. Il ri
and his conduct in secretly doing
away with the body in the conceal
ing waters Of the river are proofs
when You may reasonably con-
slider as tending to show that a
consciousness OF guilt impelled
him TO the labor OF concealment.
Points Out Proper Conclusion.
In other words, where there is
concealment OF crime, or of the
evidences of it. or its fruits or re-
suits. YOU make take into your
consideration and you have right
10 conclude that the onerous labor
OF concealment involved an i'm
piled confession OF guilt. You
have a right. and 1t Is your duty
"a jurors, TO determine from all
the evidence In the case, together
with the instructions | have given
you upon the law, what was the
defendants object-if he did it
in Remembering the body or
Mabel Milman and dumping it at
night into the silent waters OF
EcOrse creek, where the proofs
tend to show some portions Of the
body were recovered, unless some
guilty deed required concealment.
And il is your duty 10 limit your
consideration Of this evidence as
TO the disposition Of the unfOrtu-
nate girls body by mutilating 1t
and throwing ii at dead Of night
into the river. If you are satisfied
beyond a reasonable doubt that
the defendant did so, to the pur-
pose OF ascertaining whether the
defendant was anxious and busy
to conceal this particular crime
charged in this information.
Court Recapitulates.
To recapitulate What is the
Issue OF fact which you are de
termne upon your solemn oaths?
II is undisputed that Mabel
Millman was alive in this city on
Aug. p last IL is undisputed that
her mutilated corpse was recov-
cred from the river some weeks
later.
The prosecutor asserts that her
death was caused by the defend
amt Fritch performing or attempt
ing to perform an unlawful oper-
alton.
If you are satisfied beyond a
reasonable doubt that her death
was caused in this city by the
defendant Fritch performing or
attempting to perform an unlaw-
full operation, you will convict him
Of manslaughter: otherwise, you
Will acquit.
II now remains for you, gentle
men OF the jury, TO carefully con
slider the evidence, and make a
true verdict thereon. Your sole
duty is 10 yindicate the law OF
your country by administering
justice to the people OF the state
Of Michigan and the defendant at
the bar That is the measure OF
your duty. See to II that you per
form your sworn duty as jurors
according to the evidence which
yOu have heard and the law as
have given IL TO You
Prosecutor Defends Mrs. Messenger.
The greater par OF Prosecutor Van
Ille's argument Wednesday afternoon,
was devoted 10 defense of Mrs. Mes.
'onger against the attacks of Attorney
lodge He charged that Lodges at.
aok on the police department Was
solely for the purI ose of preJudicing
he jury and pointed out that there
vas no evidence 10 show that there