New Britain herald., 1926-12-03
FATE OF MRS. HALL AND BROTHERS NOW RESTS IN HANDS OF JURORS:
 DEFENDANTS LOOK FOR ACQU|TTAL
Panel Retires at LA O'Clock After Listen ing to Charge By Jus- tice Parker Explain ing Their Duties.

Justice Tells Jurymen
 Guilt Beyond Reasonable Doubt Must Be Proved
 -One or All Can Be
 Convicted. Courthouse. Somerville, N. J., Dec. P@The Hall-Mills case was given to a Somerset county jury at 1:44 o'clock this afternoon. The trial was started one month ago today when Mrs. Frances Stevens Hall and her brothers Henry and William Stevens were charged with the mur- der of Mrs. Eleanor R. Mills. Mrs. Mills was slain with the Rev. Ed ward Wheeler Hall, September 14. 1922.
 The Judges Charge
 Although the trial has lasted for about month fundamental is- sues are simple" Justice Parker said, "as all the defendants have denied the acts, your principal in- quiry will be related to that issue.
 '"The state must prove without reasonable doubt that Mrs. Mills was murdered: that the murder was in Somerset county: tha. the defendants had a part in It." He said that one or more could be found guilty,
 There is no question, Justice Parker said, that Mrs. Mills was dead and that she had been mur- dered. Nor was there much doubt that the crime had been committed in this county. Although we shall instruct you seems little possibility that it was such.
 "The evidence Is both direct and circumstantial." he said. "The di- rect Is controverted and so we think is much of the circumstan- tial."
 Where proof Of motive is not sufficient, the justice went on, If you are unable to find a motive you will be entitled to consider that fact"
 The Motive Phase
 "On the motive phase, great mass of evidence has been adduced and you should be able to decide. Has the state shown beyond rea- sonable doubt, is the fundamental issue, he said. The defendants are all charged actually and must all have been present"
 He described degrees of murder as principal, first degree would be one present and committing the crime.
 Second degree. present and act ing in concert.
 Third degree, principal present but not approving or aiding or watching to prevent surprise or ready to alQ companions.
 If the state failed to prove any one of the defendants was there and participating, such persons should be acquitted.
 Must Prove Presence
 Presence must be proved beyond a reasonable doubt, the court said, reviewing the claims of each offhe defendants of not being in De Rus sey's lane. There is more or less testimony in support of denial. he said. But the state remains under the burden of proving them at the crime. The duty of the jury is to consider the evidence, the court said. Very often circumstantial evi- dence is persuasive evidence of guilt but it must exclude every doubt of innocence. the judge pointed out.
 The visiting Card
 Discussing the visiting card "S-17" the court referred to Detective Totten's identifying 1t as the one found at the scene and outlined the states contention of the history of the card.
 'If the print is William Stevens and if the card is genuine 1t is a fair inference that William Stevens handled 1t at the scene of the crime although not conslusive.
 You are confronted with a denial on the card" he said, "and if you are not convinced beyond a reason able doubt, the value of the card is gone."
 Mrs. Gibson Again
 The justice referred to Mrs. Jane Gibsons testimony as the chief direct evidence. If her story was true, he charged, 1t would appear conclusive that the defendants were there. and in corroporation, the state refers to cars resembling those owned by the defendants.
 You must assess the value of this testimony" he said
 Reasonable doubt he said, Is not possible doubt, but that state which leaves an abiding conviction in the jurors mind that there may be innocense.
 The charge emphasized that some of the evidence applied to only one of the defendants. some to two, and some to all, indicating that the case of each must be considered separate ly.
 We understand Mir Simpson to say with regard to letter written by Sipel that it is evidence of the truth of facts contained therein.