The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-26
JUDGE TEMPlE70k
GIVES RULES ON
INSANITY
Shows Wherein Reasonable
Doubt as to Sanity Should
Mean Acquittal
r DEGREE
MURDER
Also Second Degree Man.
slaughter-Othe Degrees
Not Permitted
R DEGREE
MURDER
"she comes into court clothed witt

"she comes into court clothed with
the presumption Of innocence"
When these words were rea to the
jury trying Sylvia Mostad this morn
ing, a deathlike stiffness dropped upon
the court in the old Grand
Forks county court house. Then
Judge Templeton continued reading
his lengthy charge to the dozen men
in the jury box and the seventy or
eighty spectators moved restlessly and
leaned forward in their chairs to hear
every word that was being spoken
slowly and clearly.
The jurors paid closest attention to
the judge. The reading of the charge
to the jury occupied about forty-fve
minutes. The jurors went out at
10:45 o'clock.
Jurymcn are Brisk.
AS the hands Of the clock in the
clerk Of courts office pointed to 10
o'clock this morning. the jurors filed
into the court room. They had all
had a good nights sleep and looked
ready for almost any kind of an UNI
the three weeks in the jury box had
apparently not left it's mark of wear
mess on h men.
During the time that the jurors
some of them men we'll along in years
have been on duty in this trial not
n of them has missed a meal or
been on the sick list.
Girl Lying on lounge.
Sylvia Mostad occupied a lounge in
the court room this morning. She
has been in a nervous condition for
several days. The girl appeared weak
and sick at the hearing this morning.
Near the prisoner sat her father.
who has been in attendance at the
trial constantly-always sitting as
near his little girl as possible. Not
far apart sat the mother. A hopeful
expression was on her face.
Rees Not Present.
Harry Rees, who was arrested with
the Mostad girl and who is also charg-
ed with murder in the first degree,
was not in court this morning. The
boy heard the arguments in the case
but did not ask to be present when
the charge was read to the jury this
morning.
When court convened today the
court room was about half filed with
spectators, many of them farmers. A
few women were present. During the
reading of the charge la more
spectators dropped in and by the time
the reading was completed nearly ev-
cry seat in the o was occupied.
Five Forms of Vcrdicts.
Judge Templeton provided the jury
with Ave forms Of verdicts. including
two of murder in the first degree with
sentences of either death or life ia-
~prisonmert; Of manslaughter In
the second degree. II of guilty on
ccoun of insanity, and one of not
guilty.
He laid down the fact that the jury
must be firmly convinced that the in
FAINT whose life the girl is charged
with taking was alive. That point,
he said. the state had to prove beyond
n doubt. else there was no murder.
Judge Templeton defined the sew
eral degrees of murder and homicide.
and said that under the evidence YER
diets Of murder in the second degree
Inc manslaughter in the first degree
could not be returned. Homicide, if
committed. by the defendant. was set
forth as not being either justifable or
excusable in this case.
Discusses insanity Question.
The question of insanity was given
considerable attention.
TN arriving at a conclusion as to
whether the defendant was or was not
conscious Of the occurrence of the
criminal act, I charge YOU hat it is
no material where such unconscious
ness existed by reason of insanity,
delirium. frenzy or otherwise. The
ultimate fact which is a defense Is the
Inconsistencies. and the reason for
Inconsistencies. is immaterial.
IF you find that the defendant did
actually kill the child in the manner