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Weekly Press, The (Newspaper) - May 13, 1909, Saint Joseph, Michigan J THE PRES NINETEENTH ST. MAY 1909 TWO CENTS IS STILL OUT AT 4 P. I CONCLUDING ARGUMENTS MADB BY ATTORNEYS IN CASE THIS Jury Retired to Deliberate Upon Fate of Charles at May Bring in One ol Three dicts Under Ruling of First Murder in Second Second Third Not In a very able charge Judge concluded his statement of the evidence which the jury were to consider in their deliberations in the Charlwood and at they retired to deliberate upon a Murder Charge Under the evidence produced for consideration there can be no con- viction of murder in the first the states attorney having withdrawn that portion of the case and confined their attention to a possible tion of which is the killing of a human being without malice or although the jury may that Charlwood is guilty of murder in the second This they must do if they agree that John Smith came to his death from a blow administered by Charles Judge charge follows in x Charge of the have heard the evidence and made by the various nesses in this You have heard the you have heard the who denies the who denies the who denies the charge against Now it is for you to determine in the truth are the sole judges of the facts in this The burden of proof is upon the people to prove the guilt of the accused be- yond a reasonable and each of the essential elements necessary to constitute this offense must be as I have beyond a reasonable considering and weighing the evidence you should the same reason and common and general knowledge of men and affairs as you would do in every day Murder in the degree has all the elements of murder in the first degree except that of The major charge of this case is murder in the second Under this charge it is possible to convict of a lesser offense than of is the unlawful killing of a human being without malice expressed or either voluntary upon a sudden or in- but in the commission of some unlawful act. If you find der the evidence that defendant struck the blow in the manner and that such blow was the imate result of the death of John and you further find that he struck this blow with being angry at refusal in not giving him then defendant would bo guilty of murder in the second you have a reasonable doubt growing out of the evidence as to whether the killing was done out of malice then you cannot find the de- fendant guilty of murder in either but only of if guilty at burden of disproving malice in all cases of cast on the unless the case made by the prosecution shows it to be alone does not tute murder nor in any case ly proves unless by such circumstances thai malice in law or in fact is fairly to be if a person be shooting at target and the bullet glancing or passing around or over and hit a man being producing malice cannot be inferred from the but upon the other hand every person is presumed to intend what his acts in- the other hand if the dence of either side shows the tion of the defendant was other than His act then the tion would not be manifest or attach for the defendant in such case not be required to show hia should enquire from the was the body the body of the deceased where the blow was struck a blow was the body was at a different place than where blow was what was the distance from this point to where the body was at a different how did it come if the body was not on the track at the time of the was deceased physically able to reach the point on the If why was the body of John Smith left on the tracks of the P. M. you find respondent inflicted the Injury to the neck of John Smith as found in the and fied to by the physicians who con- ducted said then it is your notwithstanding defendant's if you find he was to find him guilty of either murder in the second degree or manslaughter as you may find the idence to warrant you under the in- in this At the conclusion of the court's charge Attorney Lambert called the attention of Judge DesVoignes to the matter of malice on the part of the The court then said there must be a motive or malice shown for the commission of a and if it was shown that no liquor was found on the person of John and proven that he did not have whiskey in his possession on the day he came to his then the motive imputed by the state would have no weight and would have to be from the The jury was charged to consider the case fully and With the conclusion of the mony offered by Dr. A. H. Scott of this the Charlwood case came to an end yesterday afternoon and the attorneys began their arguments to the Dr Scott was called as an expert witness lor the defense and his timony consisted principally of the effect of alcohol on the system and its power to produce an insensibility or depression in the human body The well known practitioner was on publication March 11. 1909. MORTGAGE Default having been made In the payment conditions of a certain mortgage made and executed by liam Schmuhl and Theresia his to John dated October and recorded in the office of the Register of Deeds for Berrien on Octo- ber 1902. in Liber 83 of on page and which said mortgage was on Feb. signed by said John Stevenson to bert which said assignment was recorded in the office of the ister of Deeds for Berrien on February in Liber 95 of on page 105 said Albert having died on February and Edward G. having on March appointed administrator with the will of the estate of said Albert by the probate court in and for rien on which mortgage there is claimed to be due at this date the sum of one hundred two dollars and sixty-nine and no suit or ingt at law having been instituted to recover the money secured by said mortgage or any part fore by virtue of the power of sale contained in said the premises described in said mortgage .as commencing seventy-two teet south of the northwest corner of 1 village of ville in said county and running south twenty-four thence cast one hundred and twenty-seven thence north four thence west one and twenty-seven feet to point of being all of lot four of block one all ing and being in said village of Berrien will be sold at public auction to the highest at the front door of the court house in the city of St. Berrien on the 7th day of at ten o'clock in the to satisfy the amount due on said gage and all legal fees and Dated March 1909. EDWARD G. E. S Attorney for Business Wells St. Last publication June 1909. 3-ll-wl3t on Page WHEN ARRAIGNED IN CIRCUIT COURT WILL PROBABLY PLEAD May the man whom Deputy iff Jesse Reed caught at the Hotel Bouton and brought back to Dowagiac on a charge of breaking into Edward Rice's room at the Mrs. Kate residence and stealing a acknowledged his guilt before Justice M. The offense is one that is able in circuit so was promptly bound over without an ex- amination with the understanding that he will plead Breaking into a house in the daytime was the His bonds were fixed at but he could not furnish that amount and Deputy Sheriff Reed took him to the county has been in America two He escaped from Russia after a bloody uprising in which two of bis sisters and other relatives were The watch was found on his son and was identified by John who sold it several and by Mr. the told Officer Reed at first that he bought it in the old ter he said he got it in GEYSE BASIN AND SOME BUILDINGS AT t PACIFIC One Oft interesting of the at Seattle in is the Geyser situated In the center A part of the great pool Is seen in the accompanying picture ft yards In diameter and when In operation will present an exact reproduction of Old the famous Yellowstone park I First publication March 1909. MORTGAGE Default having been made in the payment and conditions of a certain mortgage made and executed by liam Schmuhl and Theresia his to Albert scribed in said mortgage as Elbert dated February and recorded in the office of the ister of Deeds for Berrien on February in Liber 93 of mortgages on page said Albert Fil- having died on February and G. having on March pointed administrator with the will of the estate of said Albert by the probate court in and for Berrien on which mortgage there is claimed to be due at this date the sum of six dollars and nineteen cents and no suit or proceeding at law having been instituted to recover the money cured by said mortgage or any part Therefore by virtue of the power of sale contained in said the premises described in said mortgage as commencing two feet S of northwest corner Block one village of thence running south twenty-four thence east one hundred twenty-seven thence north twenty-four thence west one hundred twenty-seven feet to place of being part of Lot four in aforesaid Block one and lying and being in said village of Berrien will be sold at public auction to the highest at the front door of the court in the city of St. Berrien on the 6th day of at ten o'clock in the to satisfy the amount due on said mortgage and all legal fees and Dated March 1909. EDWARD G. E. S. Attorney for Business Wells St Last publication June 1909. 3-ll-wl3t Try a want ad for Shortly before 6 o'clock last ening an employee of the Compound Door company named was the victim of an accident which fortunately did not cost him his although he was unconscious for over four Mr. Tarkington was pursuing his usual duties about the factory when a large plank standing against the wall was accidentally tipped over and ieH to the floor with a He was standing directly the and as it it struck him broadside on the hurling him to the floor with great force ing concussion of the Workmen immediately ran to the injured man's assistance and picking him up the form to the home of Mrs. Cree on Broad where Tarkington and Dr. Frank N. Martin was The physician did everything in his er to restore the injured man to con- he did not come out of his stupor until alter ten o'clock in the He was visited by Dr. Martin again this and the attending says that Mr. Tarkington is doing as well as can be expected un- der the although it will be some days before he will be able to get around The ed man is a of Frank Steeb of He is unmarried and 22 years of SPECIFIC PERFORMANCE OF LAND State of the Probate Court for County of tAt a session of said held at the probate office in the city of St. in said on the 10th day of A. 1909. Hon. Rolland E. Judge of In the Matter of the Estate of Mary M. Richard M. Goodwin having filed in said court his petition praying that the ex- of said estate be authorized and directed to convey certain real estate In pursuance of a certain con- tract maue by said deceased in her It is That the 7th day of A. D. at ten o'clock in the at said probate be and is hereby appointed for said It is Further That lic notice thereof be given by cation of a copy of this order for three successive weeks previous to said day of in the St. seph Weekly a newspaper printed and circulated in said ty ROLLAND E. Judge of A true CLAUDE A. Register of 5-13-w3t STILL IN AND 8AI8 STORY IS PLOT J May rage because Representative Schantz would not give him money is be- by the to have caused the murderous assault upon Schantz for which they have James Duggan under v Despite the terrible gashes in his face and throat inflicted with a the Barry county representative is resting comfortably and apparently he will soon be able to be removed to his will be arraigned today charged with assault with intent to commit and when he is en into court with him will be taken his bloody clothes and the bloody zor found on him when the police arrested him shortly the Duggan's record is entirely against He has been arrested ous in this and other cities for various and has twice at least fought the police with wicked He refused to talk about the Friends of Schantz say he struggled with Duggan when he was attacked and they believe that was the cause of the slashing the man did with the SALE OR MORTGAGE OF State of the Probate Court for the County of At a session of baid held at the Probate Office in the city of St. in said on the 10th day of A D 1909. Hon. Rolland E. Judge of In the Mattel of the Estate of Robert Lewis D. Wallace having filed in said court his praying for license to mortgage the interest of said estate in certain real estate therein It is That the 7th day of A. D. at ten o'clock in the at said probate be and is hereby appointed for hearing said and that all persons interested in said estate appear be- fore said at said time and to show cause why a license to mortgage the interest of said tate in said real estate should not be It is Further That lic notice thereof be given by cation of a copy of this for three successive weeks previous to said day of in the St. seph Weekly a newspaper printed and cii dilated in said ROLLAND E. Judge of A true CLAUDE A. Register of 5-13-w3t PROBATE OF State of the Probate court for the County Berrien At a session of said held at the Probate Office in the city of St. Joseph in said on the 3rd day of May A 1909. Hon. Rolland E. Judge of In the Matter of the Estate of George Helen Watson having filed in said court her petition praying that a certain in- strument in purporting to be the last will and testament of said now on file in said be admitted to and that the administration of said estate be granted to Adam or to some other suitable It is That the 31st day of A. D. at ten o'clock in the at said probate be and is hereby appointed for ing said It is Further That public notice thereof be given by publication of a copy of this for three weeks previous to said day of in the St. Joseph Weekly a newspaper printed and in said ROLLAND E. Judge of Probate A true CLAUDE A. Register of 5-C-w3t The Daily 10 per PROBATE OF State of the Probate Court for the County of At a session of said held a the Probate Office in the city of St in said on the 10th day of A. D. 1909. Hon. Rolland E. Judge of In the Matter of the Estate rietta Melitta Zick having filed in said court her tion praying that a certain ment in purporting to be the last will and testament of said de- now on file in said be admitted to and that the ad- ministration of said estate be ed to Theodore Berk or to some other suitable It is That the 7th of D. at ten o'clock in the at said probate of- be and is hereby appointed for hearing said It is Further That lic notice thereof be given by cation of a copy of for three successive weeks previous to said day of in the St. seph Weekly a newspaper printed and circulated In said ROLLAND E. Judge of A true Member of the House Gives Oat Statement and Denies That He Has Been Ordered From the Floor of the Campbell Backs May sentative D. Z. Curtiss is still sing and declares that intend to leave until the session ends and will go to his seat if any legislation comes up f he is particularly i tion was taken by Campbell with regard to the Detroit News r having reconsidered his previous de- cision to bar the News from the of Several bers opposed this declaring that they did not believe the speaker would be warranted in this and he finally said that for the present he would not the News representative barred the Curtiss is giving out interviews all He says that the scandal with which his 1 is connected is all a plot against him and an attempt to discredit Speaker Campbell by using the to strika at Baker of and others are the v He further denies that he was ordered from the floor of the saying that he decided of the furore the matter had and the false rumors he would not cause his colleagues any He says that he believes further statements will r be given out by some of those cerned in the CLAUDE A. Register of 5-13-w3t May ions in the liquor which members of the house regarded with much we ripped out of the measure by the senate yesterday The house passed the with a section prohibiting druggists selling liquor except on a physician's pre- but the senate eliminated the entire as well as ing to cities of over tion the provision allowing councils to extend the closing hours of the saloons to The Ming which con- tains similar was but the senators entered into a agreement to take up for next Monday night for final the ton Engraving free on all goods sold at my M. W. and 222 State 5-10-tf IT BERRIEN BARN AND CONTENTS BURN YESTERDAY WITH f 700 Special Berrien May A barn belonging to George Simpson of this was destroyed by fire together with some livery stock owned by Edgar Miy loss is on his and the loss of the barn is estimated at The fire is supposed to be the of some fire bug and a et investigation being village has had two or three fires re- cently of an incendiary Cause for hear has been very ill. Is he out of danger he's but he won't be out of danger until that pretty nurse who has been ing care of him hag gone Brand new Ice cream parlor now open for Everything new and up-to-date at 5-13-3t PIANO Have your piano repaired or refinished by an experienced piano Old pianos made as good as Orders taken at August piano or phone Ben ton J. E. 5-1-tf Just received a fresh line of famous candies for Herring's 5-13-31 Flag Day to he Observed All Over America June 14 June will be flag sively in public schools where there This year June will be the 132nd are usually patriotic programs anniversary of the adoption of the tu pared for the stars and stripes as the flag of the United and since the In the American that day has been observed all made up of individuals and over the the enthusiasm patriotic societies from all over the creasing was organized for the On June congress passed pose of creating enthusiasm in flag the resolution the flag of the day and for promoting reverence for thirteen United States be thirteen 'the The association has issued alternate red and that 'a proclamation after their to the union be thirteen white In a blue representing a new con- Since then a star has the governor of each the mayor of each American to the can to the officers and been added at the admission of of all patriotic societies and to new until now there are 45'American citizens in asking their assistance and enthusiasm Flag is observed most observing flag day i FW SPA PERI
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