Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1925-11-19
JOSEPH DAVIS is
FREE MAN AGAIN
(Pine Poker, Nov. 12)


who was tried on charge of MUIR
der in the first degree, under an in
dictment of the grand jury, charging
him with the killing of Donald James
McKinnon in the town of Ogema on
the night of July End.
The case was concluded, and the
jury retired to the jury room short
Iy after five o'clock last Monday
afternoon. The jury was out just
one hour in reaching decision. We
are informed only three ballots were
taken, the first being for acquittal,
2 for second degree murder and for
manslaughter. The second ballot
was II for acquittal and / for man
slaughter and the third ballot was
unanimous for acquittal.
There were only a few people in
the court room, when the verdict
was received. After the reading of
the verdict, Davis seemed stunned
and was in a daze for few sec
onds, seeming to hardly realize that
he was a free man, for he had had a
taste of Jail, having been in Jail since
the crime was committed last July.
He wrung the hands of the jurors,
and thanked them for the verdict.
young Davis a heart to heart talk
and told him to leave liquor alone:
Davis replied, "I'll never forget you
men and you'll never have cause to
regret your verdict" Mr.. Rees,
counsel for Davis, was just as tick
led as the defendant, he jumped to
his feet and grabbed Davis from his
chair when he congratulated him on
nd
Machart of Beroun, was foreman of
the jury.
The case was really won on the
t"Unwritten Law" The plea to the
jury, by Mr.. Rees, counsel for de-
PENDANT, was a masterpiece. He is
an elderly gentleman, over six feet
tall, with snow white hair. In open
ing his plea, he said, in a soft spok-
en-, impressive voice, To-day, you
men occupy the seats of the Mighty.
No men in all the world, are so i'm
portant to Joe Davis, as you are.
No men are 500 important to JUS
tice as a jury. Your word is final.
Be true to yourself, and true to your
conscience to do the right thing"
He spoke for . one hour and you
could hear pin drop in the court
room during his address. His plea
was mainly based on. the protection
Of the purity and chastity of woman
hood. His plea brought tears to the
eyes of the defendant who sat with
his head bowed in his hands.
Mr.. Phillips, in making his plea for
the state, stated, Il hold no brief
for James McKinnon on his conduct
on that night. He is not on trial
for his conduct" He reviewed the
case from the testimony of the state
and spoke of the law regarding self
defense His address was not as
long as Mr.. Rees'. Mr.. Phillips is
an able attorney, a fluent speaker,
seldom raising his voice above the
ordinary tone of conversation. The
case was one of. the cleanest and
most quiet ever tried here, from the
standpoint of Interruptions on the
part of the opposing counsel.
In charging the jury, the court told
them they could return any one of
four verdicts-murder in the first or
second degree, manslaughter in the
first degree or verdict of not gull
ty. He informed them as to what
constituted the different degrees.
First degree murder is when it is
premeditated or thought of before,
but regardless of how short time it
was premeditated. Second degree
murder, the only difference is that
there is no generalization or DELHI
GRAFTON, but with intent to kill
Manslaughter in first degree is
when the crime is committed with
out a design to effect death, but done
with a dangerous weapon in the heat
of passion. Not only anger, but
fear or fright means in the heat of
passion. He also informed them re-
garding the various points of law.
q He explained what constituted self
defense, ETC., and stated the verdict
must be unanimous.
The court room was crowded with
spectators throughout the trial and
their sympathy seemed to be with
the defendant. The verdict was the
sentiment of nearly all those who
had followed the case closely.
1t took a day and a half to draw
the complete jury. The entire panel
of jurors was exhausted when only
ten jurors had been secured and it
was necessary to draw seven more
veniremen when the remaining two
jurors were secured.
The jurymen who had the fate of
the accused to decide were Fred
Engler, John A. Anderson, Vincent
Stephan, S. Kern, Chas. L. Halstad,
Henry Grote, Ed Hakes, G. X. Fey
ma, VIM. Mista, Chas. w. Hillman,
II. E. Dane and Leonard Machart.
A board of triers appointed by the
court to pass on the jurors were
Judge Wilcox, J. D. Boyle and Nick
Perkins.
C. E. Phillips, assistant attorney
general assisted Albert Johnson,
county attorney, in trying the case
for the state, John M. Reese of
Minneapolis was counsel for the de-
PENDANT and he was assisted by M.
w. Goldsworth.' Mr.. Rees is one of
the leading attorneys of Minneapolis
and is a law partner of Senator
Schall. He is a former county at
torney of Hennepin county.
Court was convened last Thursday
morning to try the case and at the
close of court that day, only seven
jurors had been secured. The re-
naming two jurors were drawn Fri
day morning and the opening address
m tho i,Iry for the state was made