Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1921-11-17

The first ballot stood 10 to 2 for
acquittai. and the second. IL to /.
| Three ballots were taken. The ver-
diets were handed to Judge Charles
NJ, Cooley, the trial judge, by Thom-
as j. Sirrs, foreman.
Following their reading, Louis G.
Tellner, states attorney OF Stuts-
man county. mbved that the charges
of murder in first degree against the
defendants for the shooting and kill
ing of Walter Harrison and Joseph
Rhadecky be dismissed on the
ground that Harrison and Rhadecky
came to their death at or about the
same time as Johnson, the facts at
tendant upon their deaths being l.
IDENTICAL as in the case of Johnson.
The court granted the motion. exon
Grated the defendants from their
bonds and ordered that they be dis
! charged from custody.
In his charge to the jury, Judge
Cooley said that if person takes the
life Of another in resisting any at
tempt to murder such person or to
commit any felony upon him. or il
a person takes the life of another in
selfdefense. when there is reasonable
ground to apprehend the design to
commit Il felony or to- some great
personal injury and there is immi-
nent danger of isuch design being
accomplished that such an act is
justifiable in the eye of the law.
Explains Sclfdtense
| "Selfdefense MEANS said Judge
Cooley, "just what the words imply
; IT means killing of one man by an
other of necessity. 1t exists when
one man finds himself in position
of peril of his life, or in peril Of SER
ious bodily harm, where he finds
himself in that position and strikes
to save his life, or strikes to save his
body from serious harm. The law
| constitutes that as selfdefense."
Judge Cooley said that the defense
urged that the homicide was justi-
| fable and under the evidence and
the laws as given to You in these in
structions. you find this to be true,
| or entertain reasonable doubt
thereof, you cannot convict the de-
PENDANTS or either of them of any Of
fense, and your verdict should be not
guilty."
The court said that in this par
ticular case the defendants were
charged with the killing of Fred
Johnson. and that they could not be
convicted in this case for the death
of Walter Harrison or Joseph Rha-
decky.
Eloquent Plea by Atty. Thorp
Attorney George Thorp of the
firm of Thorp and Rutgers. attor-
/ hn of oil
quent and dramatic plea for the de-
PENDANTS following the opening plea
for the state given by States Attor-
ney l.. G. Tellner. Mr.. Thorp opened
his address to the jury by lauding
Mr. Te1lner for his dignified summar-
ization of the case and declared that
Mr.. Tellner had been elected states
attorney of Stutsman county because
of his sterling character and service
to his country during the World
War.
Mr.. Thorp declared that no evil
dence had be introduced by the state
to show that the defendants, Wyane
and Kearns, had gone to the jungles
west of the railroad yards with any
intent to do harm. but had rather
gone there to preserve the peace and
security of the people represented
by the state which was prosecuting
them. They went there, he said. in
the lawful performance OF their duty
to search for box car thieves. The
search OF the yards followed the
wreck of the train at Apple Creek
and the detectives were looking for
armed enemies Of society. The vic
tins of the shooting, Attorney