Decorah public opinion., 1922-04-19

pect to prove of Kneesxern. | am
not going TO go over TINS mater
because in a criminal case, so far
as the defense is concerned, the eVl-
dence is so entirely different from
that stated by those who represent
the state that it takes all the virtue
out of it so far as the question OF
guilt and murder is concerned. The
last statement made by Judge Houck
to YOU, that the belt was not turned
over, now the evidence will show
that everything that has been asked
for has been turned over and will
show that this defendant has always
been anxious and willing to turn
over to the state everything in the
way of evidence in his power and II
ANYTHING wasn't turned over it was
not wanted. The evidence will show
this. Now, gentlemen, the evidence
in this case when you hear 1t VIII
not tend to show any guilt on the
part of Frank Kneeskern. This is
an unfortunate happening and say
on the outset that, we must not let
our minds be carried away by any
feeling that is aroused, and that is
naturally aroused, from the tragedy
that took place down there that day.
1t will appear in the evidence here
that this man, Elmer VanBrocklin,
whom Mr.. Houck says came down
there and met the defendant with his
gun had been over there that morn
ing and had been over there before that
time, but particularly that morning
and had threatened the lives of
both of these people by reason of
some differences that had arisen
over some matters that these people
had been accused of. | am not going
into detail of the matter, | prefer to
wait and let you hear the evidence as
it develops by the witness before you,
and | simply want to say this to you,
watch this evidence, you will see
the witnesses as they appear on the
witness stand here before you, take
note of the things sworn and teSti-
fed 10 in this case and of all things
that the court will permit to be
introduced, gentlemen, then keep
your minds open. Do not permit a
statement of what is expected to |
be proven on the part of the state |
to effect your minds for that is not |
evidence and this defendant has |
plead not guilty to the charge that |
has been brought here.
April 14th, opening statement con-
tinued. |
May it please the court. Good
morning gentlemen. There is just
one fact that | want to say in open
ing this case and it is this. You
have heard the indictment read by
the assistant for the state, we for
the defendant understand, and you
understand that the burden of proof
is on the state to prove every ele-
ment of the crime as stated in the
indictment, and that it does not rest
upon the defendant. You have heard
| the statement made by the assistant
! prosecuting attorney in this case OF
| the substance which they expect the
testimony will show. Now as 10 that
Il want to say that we feel and be-
lieve that the testimony will not,
when you have it all before you
; show these things, in the manner in
} which they We're stated to you by the
? assistan. prosecuting attorney a.
r their expectations. You, Of course
1 understand that the statement is no
a evidence and is simply made to Civ
e YOU a sor. Of introduction to tn
# case. You will wait until you hea
d the evidence, and when it comes IL
II gentlemen, you will find that. ever
le circumstance stated and which. mgtgt
at possibly tend to connect this defen'
Sc ant with the commission of the Grim
is included in that tragedy, is explai
ty ed. You will find when you get
n all that the evidence Will fully al
b. satisfactorily explain everything tn
he he did and account for his presen
ot in every place that he was in at tn
e- time to your complete satisfactic
Now, gentlemen, when the evider
ny is all in it will show these thint
a am not at this time going II
ge detail as to what is going to
'er shown, we prefer to want and
is YOU hear the evidence itself rati
Mt, than stating what the evidences
by to be, and at the close of this ca
'er gentlemen, we will confdentially S,
NIT it to you upon the evidence Il
en- YOU will hear from the witnesses.
m +l,,,ly