Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1922-03-02

the dismissal of the accused man
while w. c.. Green, states attorney
Of Cass county, spent an hour in his
final argument. %
In his charge Judge Cooley declar,
ed that in order to find the defen-
dant guilty the juror must find that
the evidence shows beyond reason
able doubt, that he committed the
crime. The court pointed out that
Pin this case: only gcircumstantial eyi-
tence pointed IT, the prisoner and
dwelt for some length on the law Of
eircumstantial evidence. Il. ..s5 y.s3.
In this connection the court de-
clared that the jury must take, cog
nizance of the conduct of the accused
holding that to find him guilty his
conduct must have been consistent
with guilt only and inconsistent with
Innocence. -
Regarded Favorable to Defendant
Spectators generally regarded the
charge to the jury favorable to the
defense and disagreement was
freely predicted. =
State Attorney W.. G. Green, who
has prosecuted this case, closed the
presentation of argument with an
address Friday afternoon which last
ed an hour. Judge w. H. Barnett clos
ed for the defense. Judge H. w.
Swenson of Devils Lake opened for
the defense, the former speaking
two hours and half and the latter
two hours. The chief argument for
the state was given by States Attor-
nav Eroon hurod 10 " 1,,I,on ho odlroc
sed the jury for little over five
hours. m Z
; In his closing argument to the jury
Friday afternoon. Mr.. Green said in
part
His Own Worst Witness
The strongest witness against the
defendant in the case was not wit
ness who came here under subpoena
for either the state or the defendant;
it was q witness who could not be
forced to testify, q witness whose
testimony can never appear upon the
written records of this court, but q
witness, nevertheless, who told you
more convincingly than all the other
evidence in the case told you, more
convincingly than eye witnesses
could have told you-that William
GUNNER destroyed the life Of Marie
Wick. For two hours on Monday
morI(ing of this week the naked
soul Of William GUNNER sat In that
witness chair land while William
,,Gummer's tongue lodged and evad-
ed and argued and refused to answer
questions that soul OF his displayed
itself to You and told you as no hu-
man voice could tell you: this is
the man" &. II
Ss II ever the cold, calculating, ner-
veless, fear-nOthing, vindictive spirit
which must dwell IN the body Of a
man who would commit such q crime
40 thf1, came out and displayed it
self n the eyes and features and ac-
tions and words Of q living being,
that spirit came out Of William Gum-
mer on Monday; morning, when ev-
eryone who looked could zee in that
cold unblinking stare, behind that
sardOnic grin. the spirit which would:
not be bound by preparation or ad-5
vice Of lawyers or even fear OF .coil-
sequences, the D spir<z3s s. which 4 Will
not stay hidden when William Gum
mer Is crossed III his desires, hut:
comes out read y. stos rape or torture
orskill, if need be. because It knows
no siaws except Tie law OF its own de-.
sire. "
s III Il syer u man trrluliel Ia lture will
come 70 tho front it III when he ID:
charged With sueh crime ass this
and stands befQ Sa jury d his fol-.
l0Mmen Tho - To 10 ectd his fate
Continued % u psge ~.