The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1917-10-27

1h III ply mduO Ill duICIuOIICm SldL0-
ment in which he said he went into
the saloon to do Up Houck.
DR.. Forbes, who heard Murphy's
death-bed statement swore that
Murphy said to him:
'Doc., it's all my fault, went in
there to do him up"
Mrs. Mary Kaminske testified that
she sheltered Houck in her private
chamber at the hotel because she
feared mob violence. Houck wished
to surrender to the authorities, she
declared.
The witness was supposed to be
affianced to Houck. She was an ex-
ceedingly comely woman and made
a good impression on her hearers.
Defendant Houck then took the
witness stand in person. He was a.
man Is or 26 years old, of slight
build, it. 8 in. tall and weighed
about 145 pounds. He was an exceed
ingly neat dresser and had none Of
the appearance of a rough bartender
who would likely be engaged in such
tragedy. He was on the stand for
two hours. His testimony, which
was in close accord with that of the
other witnesses, was mistaken.
Of course the revolver with which
the two men were shot was exhibited.
The narrator fails to find data as to
It's calibre.
All testimony was in at the close
of Wednesday, October 5. Both sides
rested. That left Thursday for clos
ing arguments.
Thursday morning the courtroom
was packed with those who came to
hear the speeches of the lawyers.
Every seat was filled. All standing
room was occupied. Men stood on
the window seats. In the afternoon,
as many as possible climbed up out
side and listened through open win
dows.
Capt. Teare opened for the state
in calm, logical presentation of his
case. He was followed by w. B..
Phelps in a general argument for the
defense.
A spirited reference to the defense
by Mr.. Phelps was applauded by the
auditors. Judge Stearns happened
to see one chap clap his hands. Hal
ing him before the bar, he very
sternly imposed a fine of SIS for con-
tempt of court.
The lawyers for the defense made
up sum sufficient to pay the fine
of the unfortunate perpetrator of ap-
plause.
Mr.. Phelps, by the way, showed a
high order of ability in his examina-
ton Of the witnesses all through the
trial.
Attorney General Clapp was slated
to deliver his argument at $3.50 p. m.
He took less than an hour. He fea-
tured the point that the state did
not seek vengeance but justice.
The auditors leaned forward and
almost held their breath when the
mighty w. w. Erwin arose to ad-
dress the jury. He took an hour
and forty minutes to cover his SUBJ
ject. It was a whirlwind, a noun
tain torrent, an irresistible ground
swell and huge word painting. He
did his best to give his hearers what
they expected and, at the same time,
sweep the jury along with him. Per-
haps past the apex of his career, he
made a notable effort. His fee was
a fat one and corresponding effort
was required. ErTin's opening
words were something as follows:
1T is hard even at this late day,
to keep from the mental vision the
tragic scene which swept over West
Duluth on the Sixth of last Septem-
Der. It's tragic character makes
this trial most important and If the
jurors are not careful, injustice may
be done.
"The gathering together of that
phalanx of men who assaulted the
defendant; the bul listing in upon him:
the attack and the result so swift in
following that the actors, even,
were appalled, with the tragedy God
had permitted; the gathering public
anger; the devotion of a woman's
heart which shielded the defendant
from being made the object of an
other Staying; the arrest for murder
and the reaching O.. Jail just 48 hours
afterwards-all was so tragic, that
unless you have determination to
consider the case with sober and
calm judgment, you may do a great
wrong"
Mr.. Erwin also threw a bouquet
to the court by charterizing Judge
Stearns as "The Teacher of Justice
to all Northern Minnesota"
Judge Stearns announced that he
would deliver his charge to the jury
Friday morning, October 7, which
was done. The jury went out at 10
a. m. Dinner and supper were given
at the Merchants hotel. They were
out all night and back for breakfast
at $3.50 a. m. Saturday. They were
out, in fact, until Sunday morning
at about 8 a. m.
The verdict was Not Guilty.
TO reach a verdict, about 500 bal
lots were taken. The very first bal
lot stood eight for acquittal and four
for conviction. AS time rolled by the
ballot stood nine for acquittal and
three for manslaughter. At 9 a. m.
Saturday morning, the jurors stood
10 for acquittal and two for a verdict
of mans1an ohfor In tho cooood ID