The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1912-12-13

arrest said Hack, although lie was
not at said time armed with y
warrant
"And if you further find from
the evidence, beyond reasonable
doubt, that the said defendant did
on the evening Of the 3rd day Of
July, 1912, lat the city of Mankato
in said county of Blue Earth, after
a charge or complaint had been
made to him, showing a reasonable
cause for the said defendant to be-
lieve that the said Hubert Hack
had committed such crime, he did
arrest the said Hack, then the
said Hubert Haack was legally in
the custody of said defendant, al
though the said defendant did not
at said time have a warrant for
the arrest of said Hack.
"Should you find fom the eyi-
dence that the said defendant un-
dertook to arrest the said Hubert
Hack without a warrant in his
possession authorizing him so to
do, and that the said Hack had
not committed the crime of indie
cent assault, or taken indecent lib
critics with a female, or committed
some other felony, then | charge
you that the said defendant had
no right to arrest the said Hack
on the occasion in question, or
take him in his charge, and his
acts in so doing amounted to a
trespass upon the person of said
Hubert Hack.
eff you find from all of the evil
dence offered in the case, beyond
a reasonable doubt, that the said
defendant on the 3rd day of July,
1912, at the city of Mankato in this
county of Blue Earth, killed the
said Hubert Hack, and you fur
Their find that such killing was not
excusable or justifiable, with de.
sign to effect the death of said
Hubert Hack, but without deliber-
alton or generalization, you will
find the defendant guilty of murder
in the second degree
"If you find from all the evil
dence in the case, beyond reason
able doubt, that on the Bird day Of
July. 1912, the said defendant kill
ed the said Hubert HACK and that
said killing was not justifiable or
excusable homicide, and was with.
out generalization, and not with a
design to effect the death of said
Hubert Haack, but by an act emf
neHtly dangerous to others, and
evincing deprayed mind regard
less of human life, and was com
mitted by the said defendant while
engaged in the commission, or an
attempt to commit felony upon
the said Hubert Hack, then you
will find the defendant not guilty
CT murder in the second degree.
but guilty of murder in the third
degree.
"If you find from all of the evil
dence in the case, beyond a reason
able doubt, that on the Ord day of
July the said defendant killed said
Hubert Hack in the heat of pas,
sion, in a cruel and inhuman man
ner, or by means of dangerous
weapon, but without design to eff
feet the death Of said Hubert Hack,
then you will find the said defend
ant not guilty of murder in the
second degree, but guilty of man
slaughter in the first degree.
IF you find from all the evi,
dence in the case beyond a reason.
able doubt that the said defendant.
on the evening of the 3rd day of
July, killed the said Hubert Hack.
but that such killing was. without
a design to effect the death of
said Hubert Hack but was done
by the said defendant in commit
ting or attempting to commit a
| trespass or an invasion of the pri.
vate rights of said Hubert Hack,
not amounting to crime or was
done by the act, procurement, or
Culpable negligence on the part of
said defendant, under stances
not constituting the crime of mur-
der in the second degree, murder
in the third degree, or manslaugh.
ter in the first degree, then YOU
will find the defendant not guilty
of the crime of murder in the sec.
ond degree as charged in the in
dictment, but find him guilty of the
crime of manslaughter in the sec
ond degree.
If you do not find from all the
evidence beyond reasonable doubt
that the said defendant Oh the said
Bird day of July killed the said
Hubert Hack under circumstances
amounting to one of the crimes
hereinbefOre enumerated and sub
mitted to you, then you will find
the defendant not guilty"
The charge to the jury was CON-
pleted at noon and the jury re-
tired with the exhibits, with five
forms Of verdict
4 i + + I. i + j. /. + + I. j. + I.
+ MAYOR WOULD NOT RE- i
+ INSTATE CHARLES POLlEl. +
!. !.
+ A number of people have !