The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1914-03-05
CASE WILL Be N
HANDS Of JURY TONIGHT
CONTINUED from Page L.,

consider the long period Of imprison-
ment, II suffering his man has al
ready undergone. and do not he too
Ions In reaching a verdict. but allow
the prison doors tn swing upcn for
MIN as soon as may be-"
Miller Begins Address.
Attorney Genera! Miller opened his
address by saying that he thought it
was time to get away from oratory,
and gct bach to Mother EARTH
Tie declared that tho attorneys Tor
the prosecution were part of the court,
and We're merely d"ins their duty.
Charges that tho prosecution had sup
pressed evidence wcre, he declared,
absurd III their faces.
Sinklcr S%upprrsscs Evidence.
"Mr. Sink1cr comes here with only
one duty said h attorney general.
'"Ttat is, to clear his client. Tie is
that tho best Nay Ia defend Il guilty
man is to accuse the states attorney
of Wishing ~t"fronvict merely for the.
SAX" "t ambition.
why should Mr.. Crimson OF | wish
To convict an innocent man" Mr..
Sinlkler makes the charges merely 10
carry ont his contract with his client.
We have suppressed no evidence. IT
amy evidence has hcen suppressed. it
has l,ecn by Mr.. Sinklcr. VIII" has i'm
his possession. tho board from tn"
bottom "f the stall Uf the horse Bar
ncy."
burden uf Proof
eth" state Is handicapped in Il casc
of this kind by the great burden of
proof which 1t is compelled to assume.
while all that tho attorney of the de-
f"nSc has IT, do is to sit back with
folded arluS and say, Prove it. damn
you; prove it,
The prosecution is like a man roll
ing Il heavy stone up a hill. While
all tho defense has To do is to start
the stone rolling down hill again.
Reasonable Doubt u Crime.
"Furthermore. there exists i'll this
state that greatest crime Of American
able doubt There are thousands of
murdered men sleeping under the
ground unavenged today on ccoun
of the reasonable doubt rule"
At the conclusion of the morning
session Attorney General Miller said
in answer tn Il question by Judge
knecshaw. that he would finish his
argument this afternoon in time To
permit the case to &c to the jury be-
fore night.
Afternoon Session.
Taking up his argument again at
the afternoon session of the court, Mir.
Miller declared that the attorney for
the defense would always give the jury
many evidences of innocent men con-
victed by mistake but would never
make n reference to the far larger
number of guilty men who We're allow
ed to escape by means of the mon
strouS doctrine of reasonable doubt
which is contained in American iur-
lsprudence.
difference Between Doubts.
eff a juror feels in his own mind
and heart that a man is guilty the
he has no reasonable doubt declared
MIR. Miller. There is a difference be-
tween a reasonable doub, and a pos
sib!e doubt, although it is often not
recognized.
"If conviction for murder were
possible only on the evidence OF Eye
Witnesses then all of us might COM
nit murder at will. When n man de-
libcrately plans q crime he does not
seek eye-witnesses of the deed.
Sinklcr ..MudGics Things
MIR. Sinkler. the sunflower rator
of Minut.' had tried to muddy the wa
ters Of this case by brow beating wit
ncsses . This has no real bearing on
the issue of the case. however. The
sun WI iililCNSllNS VI lIiS tlSoiISI IttlNI
be determined on the evidence
Takes Up Evidence.
MIR. Miller then took up the evil
dence in the case. saying that the first
question to be determined Was whe,a-
err or not the theory set up by the de-
Tense. that Mrs. Holum was killed by
kicks of a horse was possible. He
declared that sue a theory must he
rejected by sense ana gave
n number of reasons in support of this
contention.
at is impossible to believe" said
the attorney general. that had this
wpna been killed by the kicks of q
horse. there would not have bsen
marks on other parts of her body and
commissions or her head"
Evidence of Skirt.
DURING the latter part Of tho alsu-
mcnt Wednesday afternoon, Mr.. Sink
Ter laid considerable stress on the con-
dition of the skirt of Mrs. Holun, on
Friday afternoon. as described by the
various witnesses for the state. He
maintained that tho manure, otc..
with which the skirt WAS stained.
behind the stall of the horse Barney,
as described by Matt Holnm.
Wounds OH Head.
The wounds on Mrs. HollIns
head rould never have been inflicted
with this Ratchet as is chained by the
state" said Mr.. Sinklcr. taking the
weapon in his hand. cone blow from
.his would have split her skull from
end to end"
Ey way of Demonstrating Tho truth
of his remarks Mr.. Sinklcr struck; n
Blow at tn" feed box with The Ratchet
leaving a large yasi1.