The evening times., 1914-03-06

feloniously and Of his malice afore-
thought and with the premeditated
design to effect the death of one
did strike and cut the said Betsy
Holum in and upon her head with
some instrument unknown to this af-
fiant, and did thereby inflict upon
said Betsy Holum injuries of which
she died on the 21st day Of June, A.
D. 1919, all said acts committed by
the defendant as aforesaid then and
there being without authority Of law
and contrary to the statute in such
case made and provided. and against
the peace and dignity of the state OF
North Dakota"
To that information the defendant
the issue is thus made up which you
are called upon to try and determine.
The court charges you that the
mere fact that the states attorney
has presented and filed in this court
an information against the defendant
charging him with having committed
the crime therein described shall not
be taken by you as any evidence Of
the commission of the crime. The in
formation Is filed. merely, as the basis
Of the trial and is no evidence of the
guilt of the defendant. The .defend-
ant in criminal action is presumed
to be innocent until the contrary is
satisfaction. beyond reasonable
doubt. and in ease Of a reasonable
doubt as to whether the guilt of the
defendant has been satisfactorily
shown, the defendant is entitled to
that doubt and your verdict should
be not guilty.
Material Allegations.
The material allegations Of the in
formation are, First: That on or
about the goth day of June. a. D.
1913. the exact date being imma-
terial. providing it was on or about
that time, that at the county of Cava-
lier. and state Of North Dakota, that
one Betsy Holum was assaulted, and
struck upon the head. by the de-
fendant. with some instrument, in
the manner and by the means. as
charged i'm the information, and in
second. That said assaulting and
striking on tho head, as aforesaid,
caused mortal wound to the said
Betsy Holum, from the effect of
which wound said Betsy Holum then
and there on or about the 2lst day
the information.
Third. That the killing. assaulting
and mortally wounding of said Betsy
Holum. by the defendant, was perpe-
trated with malice aforethought. and
with a premeditated design to effect
In the manner and form charged in
the information.
Importance of Case.
1t is proper and right, gentlemen
Of the jury. for the court to remind
you that the issue in this case is to
the defendant of so grave a nature,
and to the public safety of such vital
Importance that upon your part there
should be no error Ii the accused
is Innocent he should not be errone-
ously convicted, and if on the con-
from the evidence. beyond a reason
able doubt, it is your duty to so find
by your verdict. After two days of
careful effort you We're selected as in
teliigent and qualified Jurors. sworn
t impartially try and determine this
case and true verdict render accord
ing to the law and the evidence. II!
you comply with your oaths error
against either side must be precluded..
IL. gentlemen of the Jury, you find
the defendant guilty of murder in the
first degree. az charged in the infor-
nation. it then becomes a portion of
your duty to find the punishment,
penalty OF sentence. and such punish
ment or penalty must be under the
provisions of our code which provides
that every person convicted of muir
der In the first degree shall suffer
death or Imprisonment. at hard labor
i'll the state penitentiary for life, and
YOU must designate in your verdict,
IT you find the defendant guilty. Of
murder in the first degree, whether
the punishment shall he death or i'm
prisonment in the state penitentiary
for life.
If you find the defendant guilty Of
murder in the second degree, YOU
must designate by your verdict the
term of his Imprisonment in the state
penitentiary at hard labor, which
must be not less than ten years, or
more than thirty years.
If you find the defendant guilty of
manslaughter in the first degree, you
must designate by your verdict the
term of his Imprisonment in the state
penitentiary at hard labor. which
must be not less than five years, or
more than fifteen years.
Oral or in Writing.
Your verdict in this case, gentle
men OF the jury, will he oral or in
writing as YOU may elect, and shall
be announced by your foreman in
open court. Your foreman will be
selected by you after you retire.
Your verdict will be either guilty
charged in the information, and fix
ing the penalty by punishment Of
death, or imprisonment in the state
penitentiary during life, or
Guilty Of murder in the second de-
gree and fixing the punishment of
imprisonment in the state peniten-
tiary for not less than ten years, and
NOT exceeding thirty years, or
Guilty OF manslaughter in the first
degree iS11 1f