The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12
C0OPERS FATE now IN THE HANDS 0F
JURY JUDGES CHARGE IS COMPREHENSIVE
Five Forms of Verdict Given Jury, Including Murder FIJI
And Second Degree Manslauehter in First Degree and
Acquitta--- Two Sentences Under Greater Offense

The fate Of McLain S. Cooper rests
IN the hands of the jury that has. for
nearly three weeks. been listening to
evidence and arguments.
Judge G. F. Templeton formally
charged the jury at 2 o'clock this aft
ernoon in an address in which he COW
cred every point Of law involved.
which might be returned.
Ihe hnal plea to the jury was made
this morning by George A. Bangs for
the prosecution, he closing his address
just twenty-four hours after it had
been commenced.
After the jury had been charged this
afternoon crowd fingered In the
court room. expectant that there
might be an early agreement. but up
to o'clock the jury was still out.
The reading of the charge occupied
about an hour and 1t was few min
utes before 3 o'clock when the jury
hled out to- the room in which 1t is
considering the evidence, and from
which room must come the verdict.
The complete charge of Judge Tenn
pleton to the jury follows:
State Of North Dakota, county of
Grand Forks. In district court, First
Judicial district.
The state of North Dakota vs. Nc
Lain s. Cooper. defendant.
Gentlemen of the Jury: This is a
criminal action. The prosecution
claims that homicide has been COM
nitted.
The states attorney of Trail coun-
tT, North Dakota, has filed an infor-
nation In the district court Of that
county charging that the defendant.
McLain s. Cooper did. on the 11th day
Of March. 1911. within said county
of Traill. while holding in his hand e
tirearm, commonly called a revolver.
loaded with powder and leaden halls.
feloniously shoot at and thereby give
mortal wound to one James Frank
lin Ross with the premeditated de-
sign to effect the death of the said
James Franklin Ross. and that said
Ross died in said county on the 9Th
been regularly transferred to this
county for trial.
When the defendant was arraigned
he entered plea Of not guilty, and
by this plea he put in issue or denied
every material allegation OF the in
formation. The defendant comes int.
court clothed with the presumption of
innocence. and that presumption re.
mains with him until the evidence in
the case satisfies you Of his guilt be-
yond reasonable doubt. The burden
Is not upon the defendant to prove
his Innocence. but tits upon the state
to eSta blish his guilt to your satisfac-
ton beyond n reasonable doubt. The
Information itself is no evidence of
the defendants guilt. and the filing
OF the information creates no pre-
sumption against him.
Homicide Is the destruction of the
life Of one human being by the act
or agency Of another.
Homicide is either
I. Murder.
2. Manslaughter.
8. Excusable homicide, or
4. Justifiahle homicide.
The law applicable to the facts in
this case does not excuse the homicide
nor justify the homicide If one was
committed. ] shall not, therefore, at
tempt to lay. before you in these in
structtons my view of the law bear
ing upon excus" bio or justifiable
homicide, except possibly in an Incl
dental way when ! come to instruct
you upon one feature of this case.
Self-defense is natural right and
1t is embodied in this positive law of
the state. but there are restrictions
and Limitations upon that right as we'll
recognized and reasonable. as the
right itself. One of these limitations
Is this: One who is the aggressor
or provokes the difficulty in which
he. kills his adversary cannot invoke
the right Of self-defense to excuse
or justify the homicide, unless he in
good faith withdraws from the COM
bat OF alteration in such manner
IN good faith to desist. It is not