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

interview OH October 2, but he was not
called He would not want to get a
statement from a man i'll Halls condi
tion. He said that it was two or three
days before Halls mind cleared up.
The reporter had honestly stated Halls
condition, which was very bad. They
did not put the others present at
Franciscus' interview on the stand to
corroborate him. Hall made state
his shoes, ETC., which shows his mental
condition. He was not in condition to
be interviewed
Too Long to Remember.
The attorney took up the matter of
the threats testified to, and said that
the statements were made so long ago
that the witness got it twisted about.
The threats made from time to time
by Crook against Hall had not been
denied.
Because some trials have occurred
i'll this county where some people be-
lieve somebody should have been con-
victed is no reason why victim should
be made of an old man. Because 9TH
ers that ought to have been convicted
have been let 90 free, is no reason
why crime should be put upon this
mans name. Let justice come out
like water from spring, unpoluted.
The defendant is on the verge of the
grave, but we do not seek sympathy
for this reason. We want untarnished
justice, which will spare his remaining
three or four years from being spent
behind the prison bars. Christ was
nailed to the cross, but we do not
want someone crucified here for a
crime he never committed
The little girl ought to have been
put on the stand. She has not been
allowed to speak to the man who fur
nished home for her when her father
did not do so. The little girl knows
something, and children tell the truth.
She thought more of her uncle than of
her father.
Wants Only Justice.
Hall is here asking that Justice be
done at the hands of the jury. He
places his liberty at your disposal,
and if you consign his hoary locks to
a dungeon he will accept the Judgment,
but we hope that the GOODIES of liberty
will replace the scales on the court
house and that the jury will deal Justly.
/ would rather have the defendant
convicted of murder in the second de-
gree or go free. Life is not much for
him, now, but he would like to live his
remaining few days in peace and not
III a dungeon cell.
The court decided not to send the
jury out last evening, as he wished
to look up the law a little more.
Charge to the Jury.
Judge Pau at 9:3O read the fol-
lowing instructions to the Jury:
Gentlemen of the Jury: You are
called to try the issue between the
State of Minnesota and the defendant
Whitford NJ. Hall, the said defendant.
having been indicted by the grand Jury
OF your county, and charged in said in
dictment with tile crime of murder i'm
the second degree. (Hcre he read the
indictment.) .....
Should Uphold Dignity of State.
by your verdict YOU should see to
1T that the dignity of the state is up
held, that her laws shall not be ruth
lessly broken and violated, that the
unlawful taking of human life. pro-
nounced by her laws to be one of the
most henlous of crimes, shall not 90
unpunished. By your verdict the peo-
pie of the state should understand
that her laws are sacred and must be
obeyed, and at the same time the peo-
pie by your verdict should be shown
that while the guilty will be brought
to speedy punishment, they should al
so be given to understand that the in
nocent are in no danger at the hands
of the state, and that while no guilty
person is allowed to escape, no inno-
cent person is convicted, so you are
called upon to see to it, that if the
evidence i'll the case before YOU, under
the instructions of the court proves the
defendant guilty of that degree of GER
tainty required by the law as / shall
instruct you, it is your duty to so
find If the evidence falls short of
this, and you are not convinced to that
degree of certainty required by the
law rs | shall instruct you, your YER
dict should be not guilty.
What the State Must Prove.
ut is incumbent upon the state, and
necessary for the state to prove every
material allegation of the indictment
beyond a reasonable doubt before you
can find the defendant guilty of the
crime charged, and before you can find
him guilty of any ollense under such
indictment. Such offense must be
proven and you must be convinced by
such evidence of his guilt, beyond a
reasonable doubt; but by this | do
not mean beyond mere possible doubt,
for everything relating to human af-
fairs and depending upon moral evi-
dcncc is open to some possible doubt
"A reasonable doubt is that state
of mind which, after the entire com.
parison and consideration of all the
evidence, leaves the minds of the iur-
orS i'll that condition that they cannot
say they have an abiding conviction to
a moral certainty that the charges are
true.
"When the evidence establishes the