Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1910-05-12

1t was plain that Attorneys ]. A.
founded by the mass of indisputable
testimony adduced by the prosecution
most of which was evidently new to
them. That the revelations of the
witnesses were surprise to GOhl is
true, but he preserved a careless de-
meanOr throughout the trial that
showed the iron nerve of the man
who seems to have held human life
so cheaDly.
The bottom fell out of the defense
for William Gohl, on trial for the
murder of Charles Hadberg. when
Bob Hager, brother of Mrs. Gohl. fail
ed to put in an appearance at the
trial and testify in Gohl's behalf Un-
able to get him, the defense after in
Producing half a dozen witnesses in
a vain attempt to prove an alibi for
the defendant, and IN ali enOlt 10 dis
credit the testimony of Patrick J. Nc
Hugh, one of the witnesses for the
state, rested it's case.
When the attorneys announced that
the defense had no further testimony
to offer GOhl turned chastity pale.
Attorney Boner spoke for three and
half hours, making an exhaustive
summing up foi the prosecution. He
was followed Attorney Cross for the
defense, who demonstrated a willing
ness and ability to defend his cli-
ent, but was evidently nonplussed ov-
er the absolute failure of the defense
to produce testimony to offset the
damning facts brought ont by the
state.
Attorney Hutcheson made long
and eloquent plea to the jury for GOhl
but was handicapped by lack of evil
dence to sustain it, He was left but
one course, to abuse the defense and
impugn the motives of the prosecu-
tiOn, which he did with all the fiery
elOuuence of which he is capable
which would have had weight with
the jury If backed up by scintilla
of evidence, as it was, it proved a
wasted effort. His attempt to create
an impression that the prosecution of
Gohl was the result of a conspiracy
of the Interests" on Grays Harbor.
was too far-fetched, and fell short
County Attorney w. E. Campbell
closed for the state in a mastery re-
sumo of nearly so witnesses. Trac-
ing the crime step by step, as shown
by the testimony, Attorney Campbell
soon tore to shreds the conspiracy
theory spun by the defense, and plac-
ed the evidence so plainly before the
jury, marshalled in consecutive ord
er, that even Gohl and his wife had
nothing to look for but verdict of
guilty and no hope but that it might
be made second degree.
Under the criminal code of 1909.
the punishment for murder in the first
degree is death or Imprisonment for
life, at the discretion of the trial
Judge. GOhl has 80 days in which to
appeal to the supreme court, but no
notice of such intention has yet been
given, nor has Judge Sheeks indi-
Gated when sentence would be pro-
nounced.
Charge to the Jury
When the defense rested, and be-
fore Attorney f. f. Boner began his
argument, Judge Ben Sheeks deliv-
cred his instructions to the jury.
There were clear definitions OF the
law, and were in part as follows:
By the language of the informa-
ton it is charged that the revolver
was held in the hand of the defend
ant, William Gohl; but the court in
structs you that it is not necessary
that the state should prove this to be
literally true. If you should find
that the revolver was actually held
in the hands of and fired by another.
still if you find from the evidence
beyond reasonable doubt that the
defendant was present-aiding or
abetting the other in the commits
sion of the actor the defendant be-
ing present counseled, encouraged.
hired, commanded, induced, or other
wise procured that other person to
kill Charles Hatberg, by shooting him
with a revolver, as charged in the
information, and that the act was
neither excusable nor justifable, then
you are to consider and treat the
case in so far as defendant is con-
cerned as though he had himself held
and fired the revolver.