Great Falls daily tribune. [volume] (Great Falls, Mont.) 1895-1921, 1920-03-13

sixty six legal sheets instructions to the
jury. One or two missing instructions
We're read later in the afternoon, G. d
Cunningham. special prosecutor, begin
ing his argument to the jury at 4 o'clock
Judge Wilson's instructions to the
jury required nearly an hour to read
The Law Of self f-defense does not
permit the stationing of armed men at
outside points. Judge Wilson held in his
instructions.
Legal and Illegal Self. o efense.
You are instructed. said the court
that any person or persons has OF
have the right to defend himself. or
themselves. or their property from
actual or threatened violence, and to
that end to arm themselves. but this
right does not go to the extent Of
statlonlng armed men in outside places
for the purpose Of shooting the persons
real or apparent. from whom force or
violence is expected.
If you find that any two or more
Of the defendants. in the manner and
form and at the time charged in the
information. planned to defend the
|. W. w. hall or the property therein
or any of the persons therein, BY the
stationing Of armed men in the Avalon
hotel. and on Seminary hill. for the
purpose Of shooting from those points,
the placing of such men and the shoot
ing from outside points. would not be
lawful acts.
"such Killing Murder.
And if You find that any two or
more Of the defendants SO planned and
any two or more of the defendants
carried out said plan. and as d natural.
necessary, or probable result thereof.
Warren O. Grimm was shot and killed.
then such killing would be unlawful and
would be murder.
The specific eases of Loren Roberts,
for whom a plea of insanity has been
made; for Elmer Smith. CentraIia at
torney charged with being an accessory
before the fact, and Eugene Barnett. who
presence at another place than where
the prosecution claimed he was on the
day of the shooting, are treated in in
dlvidual instruction.
Must Pass Fully on Sanity.
Should verdict of acquittal in the
case of Roberts be returned. the jury is
instructed to return Il special verdict
as to the likelihood of recurrence of
the insane condition, providing the jury
finds the insanity existed at the time
Of the commission of the crime. and
does not now exist. The purported con
fession of Roberts shall be considered
OILY aS evidence against MIN. ana not
as affecting the other nine defendants,
the court held.
1t is the duty Of the jury to consider
the guilt or innocence of each of the
defendants separately. Judge Wilson in
structed, the court also declaring that
prejudice because Of their alleged crime
II membership IN the |. W. w must
not be considered in deliherating. He in
structed that the |. W. W. is not on
rial.
Smith Not Guilty, if Not of Murder.
The jury also was instructed not TO
consider the fact that other men were
tilled during the tentralia parade but
,nlv the evidence in connection with
irimm's killing.
Several instructions are devoted to
he law on conspiracy. orc advising that
1roof that the defendants acted il CON
,ert may be proved by circumstances.
In the instructions concerning Elmer
Smith, eonrt held that if the jury finds
hat Smith did no more than to advise
he other defendants to resist and
'epel assaults. that it should acquit him,
md that it is the duty Of the jury to
avor Smith if il has a reasonable doubt.
The Smith verdict must be either murder
n the first degree or acquittal, court
rpld