Arizona republican., 1916-07-16

pipuSHt oll uiil Dy d TelndTkdDle IT not unprecedented series of circumstances Then he will come back home and make man of himself"
 The defendant, himself and mother his brother, Mrs. Taylor and intimate friends made their way into the witness room where their privacy was safe guarded by a bailiff
 Half an hour later they emerged
 Wen go home, now, William" said Mrs. Orpet, and they made their way down the back stairs and to the jail
 Orpets few belongings which he had in his cell were already packed. He had recovered his self possession by this time and thanked Sheriff Griffin for making his four months stay in Jail as comfortable as possible Orpet and his party were taken home in an automobile by Leslie P. Hanna, his Waukegan attorney.
 The important events of the trial oc- cured on the fifteenth. The selection of the jury began May 15; the taking of testimony was begun June 15, and the acquittal came on July 15.
 Three ballots were taken by the jury The first two stood eleven to one for acquittaL Foreman Shea stated that the name of the obdurate member would not be made public.
 The Saturday night throng of farm CTS and their families in for the week end shopping and recreation was pres ent in extra force and crowded the route which Orpet took after leaving the jail
 He went first to the office of Leslie r. Hanna, his local attorney. accom- panied by those who had been in the witness room with him. MT. Hanna's office is over drug store As the Or pet party passed they could see through the store window Attorney David R. Joslyn, who made the closing speech for the state. at the soda fountain with Frank Lambert, father of Marion. in deep conversation.
 The Orpets had started for the in terurban when intercepted and taken to the law office. MT. Hanna sent for his automobile, however. and it was from this that Orpet had his first full breath Of freedom after four months lncaFceration The route lay partly along the shore of Lake Michigan in which Orpet during his confinement so often expressed a wish to swim past Helms Woods where Marion came to her death, and to the Orpet home on the Mccormick estate.
 The case went to the jury at 2.5O o'clock this afternoon after an ex haustive charge by Judge Donnellv. Counsel for the defendant said that the instructions to the jury were tanta- mount to a command to the jury to acqult. In the course of his instruc tons, Judge DOnnelly said:
 The jury should not go beyond the evidence to hunt up doubts. nor must they entertain such doubts as are cbim- erical or conjectural.
 The court instructs the jury that. although the jury should be satisfied from the evidence beyond a reasonable doubt that the deceased. Marion Lam- bert. died from cyanide of potassium poisoning. still, if the jury further 1lnds from the evidence that she had the same opportunity for taking the poison herself. without the aid of the defendant, that tine defendant had to give it to her and if it is possible from any reasonable manner to explain all the facts and circumstances proved on the trial consistently with the hypoth esls that she did take the poison herself Tor the purpose of killing herself then this is sufficient to raise a reasonabIe doubt and the jury should render a verdict of not guilty.
 Nothing short of proof so clear and convincing as to exclude every reason able hypothesis of his innocence will Justlfy conviction and, without such proof the jury must find the defen- dant not guilty.
 To warrant conviction, the de- lendant must be proved guilty so cieariy that there is no reasonable theory that he can be innocent.
 Unless you find. beyond all reason dole doubt, in considering the evil dence, that the defendant had cyanide of potassium in his possession just brlor to the death of Marion Lambert then you should find the defendant not guilty
 Flight, though circumstance to he weighed against the defendant is not of q conclusive characted and if r,a,, not be evidence of guilt if it appears 'nat there was any motive for flight o1hcr than sense of guilt.
 it there are two theories. ono for Sult and one for innocence tben anopt the innocence theory and acurijt
 presumption of innocence is not 4 mere form to be disregarded bv the Jury at pleasure, but it is an essential substantial part of the law of the land
 The jury has no right to assume the guilt of the defendant and then try to reconcile the testimony with spch theory"
 continuing the closing argument for the state when court convened. Attor- ney David R. Joslyn said that there could be no doubt that the white spots on Marion's court were made fron liquid. He asserted that the only req attack on this theory made by the de. Tense, outside the use of experts, wa, to intimate that the spots were placed there by some one interested in in, prosecution.
 And you don't believe that" insisted the lawyer.
 Speaking of Orpet's testimony tha he merely looked at the body and fled Joslyn said:
 If he suddenly was surprised to finc her unconscious there, would he no nave bathed her head in snow Wouldn't he have opened her dress wouldn't he have searched exhaustive ly for signs of life? Even the callou