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

in an unlawful act. and that such
wrongful and unlawful acts on the part
of Hall amounted to misdemeanor
under the laws of our state.
And if You further find from the
evidence beyond a reasonable doubt,
that the time and place aforesaid
and while Hall was armed as aforesaid
if you find beyond Il reasonable doubt
that he was so armed and intimidating
Crook: if you find beyond reasonable
doubt, from the evidence, that he was
so intimidating Crook and while Hall,
so held the loaded rife i'll his hand,
if you find beyond a reasonable doubt,
that he so held the rifle in his hand,
and without intending or designing to
effect the death of Crook, discharged or
| caused to be discharged rifle upon and
against Crook, so that he, Crook was
| then and there and thereby mortally
wounded and thereafter died of such
wounds, all while Hall was in the act
| of wrongfully and unlawfully intimidat-
ing Crook, if you find beyond reason
able doubt that he was so doing at
said time, or attempting to intimidate
: Crook, if you find he was so attempt
! ing to intimidate Crook with the in
tent to compel him, Crook, to make
such admissions or statement before
the wife above mentioned, if YOU so
find from the evidence beyond a rea-
I sonabe doubt that he was so intending
to compel the said George Crook to
make such statements and admissions
such wounding and killing of Crook
would then and there be manslaughter
in the first degree.
; Finding From the Evidence.
IF you find from the evidence be-
yond reasonable doubt, that at the
time and place alleged in the indict-
ment the defendant, Hall, armed him.
self with a loaded rifle with intent to
compel Crook, while wrongfully and
nlawfully intimidating him, Crook,
to make certain statements or admis-
sions before his, Crooks wife, then
and there being, and did then and there
appear in the dining room in the
presence of Crook armed with loaded
rifle as aforesaid. with such intent.
and did thereby intimidate Crook for
The purpose of wrongfulIy and unlaw-
fully compelling him, Crook, then and
there to make such statement or ad-
missions before his wife, and that
Hall was then and there wrongfully
and unlawfully intimidating and at
tempting TO intimidate Crook, and
i,,-l, 10 ILL 4
in his hand, both while lie SO had the
rifle i'll his hand Crook being then and
there SO intimidated and in fear of his
life and safety, took hold of rifle and
undertook to take the same away from
Hall, and While Crook was so at
tempting TO take the rifle from Hail.
being inundated and put i'll fear of
his life and safety, as aforesaid the
rifle was discharged and Crook was
thereby shot and mortally wounded,
of which wound Crook afterwards died
if you find all these facts beyond Il
! reasonable doubt, such woundng and
killing of Crook under the circumstances
aforesaid would be manslaughter in
the first degree
ter of the deciding of the property was
no justification for Hall shooting
Crook.
IF you find beyond a reasonable
doubt, that at the time and place as
, alleged in the Indictment, the defend
ant, Whitford NJ. Hail. killed George
: Crook with design to effect the
Ipoth Of ('rnnl- ha
, form as alleged in the Indictment. and
,. if you find that such killing was not
cXcusable or justiiable under the law
, as | charge you, then YOU should find
the defendant, Whtford NJ. Hall,
guilty of murder in the second degree
as charged i'll the Indictment
IF you do not find from the evil
+ dence beyond a reasonable doubt that
at the time and place alleged in the
+ indictment, that the defendant, Hail.
killed Crook with Il design to effect
the death of Crook in the manner and
, form as alleged in the indictment, or
if YOU do not SO find that such kill
ing was not cXcusable or justitiablc
, under the law as / have charged YOU
, | JItH you inc UciciiudHl,
, Hall, not guilty of murder in the sec
, ond degree as charged i'll the indict-
, ment.
IF YOU find from the evidence be-
yond "a reasonable doubt, that at the
{ time and place alleged in the indct-
ment Hall killed Crook without the de-
sign to effect the death of Crook, but
while he, Hall, was engaged Ill COM
, hitting or attempting to commit
/ misdelncanor or gross misdemeanor al
fecting the person of Crook, and II
| YOU find that such killing was not
: eXcusable or justiiabjc under the law
: as l have charged YOU, then you should
/ find the defendant, Hall, not guilty OF
murder in the second degree, but yon
1 should find Hall guilty of manslaugh
ter in the first degree.
IF YOU do not find from the evidence
/ before you, beyond "a reasonable doubt,
that at the time and place alleged i'll
the indictment Hall Killed Crook with
out the design to effect the death of
Crook, and while he. Hail. was engaged
in committing or attempting to COM
NIT msdemeanor. or gross msde
| meanor affecting the person of Crook