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Weekly Press, The (Newspaper) - May 13, 1909, Saint Joseph, Michigan J THE PRES NINETEENTH YEAE ST. TILtTRSDAY MAY 1909 PBICE TWO CENTS IS STILL OUT AT 4 P. I CONCLUDING ARGUMENTS MADB BY ATTORNEYS IN CASE THIS MORNING. Jury Retired to Deliberate Upon Fate of Charles Cliarhvood at May Bring in One ol Three Ver- dicts Under Ruling of First Murder in Second Second Third Not Guilty. In a very able charge Judge Des- Voignes 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 verdict. Murder Charge Eliminated. 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the evidence produced for consideration there can be no con- viction of murder in the first the states attorney having withdrawn that portion of the case and confined their attention to a possible convic- tion of which is the killing of a human being without malice or although the jury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 degree. This they must do if they agree that John Smith came to his death from a blow administered by Charles Charlwood. Judge DesVoignes' charge follows in x Charge of the Court. have heard the evidence and statments made by the various wit- nesses in this case. You have heard the peoples' you have heard the who denies the alle- who denies the who denies the charge against him. Now it is for you to determine where- in the truth lies. are the sole judges of the facts in this case. 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 indi- beyond a reasonable doubt. considering and weighing the evidence you should the same reason and common 'sense and general knowledge of men and affairs as you would do in every day life. Murder in the second- degree has all the elements of murder in the first degree except that of delib- eration. 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 manslaughter. 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 claim- and that such blow was the prox- imate result of the death of John and you further find that he struck this blow with being angry at deceased's refusal in not giving him then defendant would bo guilty of murder in the second degree. 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 all. burden of disproving malice in all cases of cast up- on the unless the case made by the prosecution shows it to be absent. alone does not consti- tute murder nor in any case complete- ly proves the-offense unless accom- panied by such circumstances thai malice in law or in fact is fairly to be implied. if a person be shooting at target and the bullet missotl glancing or passing around or over and hit a hu- man being producing malice cannot be inferred from the but upon the other hand every person is presumed to intend what his acts in- dicate. the other hand if the evi- dence of either side shows the inten- tion of the defendant was other than His act then the presump- tion would not be manifest or attach for the defendant in such case can- not be required to show hia inno- cence. should enquire from the ev- was the body the body of the deceased .found 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 testi- fied to by the physicians who con- ducted said then it is your notwithstanding defendant's if you find he was intox- to find him guilty of either murder in the second degree or manslaughter as you may find the ev- idence to warrant you under the in- structions 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 defendant. 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 elimi- nated from the case. The jury was charged to consider the case care- fully and fairly. Yesterday. With the conclusion of the testi- 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 jury. Dr Scott was called as an expert witness lor the defense and his tes- 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 Fiist publication March 11. 1909. MORTGAGE SALE. Default having been made In the payment and' conditions of a certain mortgage made and executed by Wil- 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 mortga- on page and which said mortgage was on Feb. as- signed by said John Stevenson to Al- bert which said assignment was recorded in the office of the Reg- ister of Deeds for Berrien on February in Liber 95 of on page 105 said Albert having died on February and Edward G. Patzkowsky having on March appointed administrator with the will of the estate of said Albert Filbrauf by the probate court in and for Ber- 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 proceed- ingt at law having been instituted to recover the money secured by said mortgage or any part thereof. There- 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 .block 1 village of Stevens- ville in said county and running south twenty-four thence cast one hundred and twenty-seven thence north twenty- four thence west one hun- .dred and twenty-seven feet to point of being all of lot four of block one all ly- ing and being in said village of Ste- Berrien will be sold at public auction to the highest at the front door of the court house in the city of St. Jo- Berrien on the 7th day of at ten o'clock in the to satisfy the amount due on said mort- gage and all legal fees and charges. Dated March 1909. EDWARD G. Adminstrator. E. S Attorney for Administrator. Business Wells St. Michigan. Last publication June 1909. 3-ll-wl3t on Page WHEN ARRAIGNED IN CIRCUIT COURT WILL PROBABLY PLEAD GUILTY. May the man whom Deputy Sher- 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 Kriesal residence and stealing a acknowledged his guilt before Justice Geo. M. Fields. The offense is one that is punish- able in circuit so Krugi was promptly bound over without an ex- amination with the understanding that he will plead guilty. Breaking into a house in the daytime was the charge. His bonds were fixed at but he could not furnish that amount and Deputy Sheriff Reed took him to the county jail. Krugi has been in America abotii two years. He escaped from Russia after a bloody uprising in which two of bis sisters and other relatives were killed. The watch was found on his per- son and was identified by John who sold it several Jofph and by Mr. the owner. Krugi told Officer Reed at first that he bought it in the old country. La- ter he said he got it in Detroit. GEYSE BASIN AND SOME BUILDINGS AT ALASKA-YUKON t PACIFIC EXPOSITION. One Oft interesting fenttii-es of the Alaska-Yukon-Paciflc expo- wfitch qpeus at Seattle in is the Geyser situated In the center gronuds. A part of the great pool Is seen in the accompanying picture ft is-100 yards In diameter and when In operation will present an exact reproduction of Old the famous Yellowstone park geyser. I First publication March 1909. MORTGAGE SALE. Default having been made in the payment and conditions of a certain mortgage made and executed by Wil- liam Schmuhl and Theresia his to Albert scribed in said mortgage as Elbert dated February and recorded in the office of the Reg- ister of Deeds for Berrien on February in Liber 93 of mortgages on page said Albert Fil- having died on February and Edwaid G. Patzkowsky having on March ap- 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 hundred'two dollars and nineteen cents and no suit or proceeding at law having been instituted to recover the money se- cured by said mortgage or any part thereof. Therefore by virtue of the power of sale contained in said mort- the premises described in said mortgage as commencing seventy- 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 Coun- 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 charges. Dated March 1909. EDWARD G. E. S. Attorney for Administrator. Business Wells St Last publication June 1909. 3-ll-wl3t Try a want ad for results. Shortly before 6 o'clock last ev- 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 hours. 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 crash.' He was standing directly uuder the and as it 'fell it struck him broadside on the hurling him to the floor with great force produc- ing concussion of the brain. Workmen immediately ran to the injured man's assistance and picking him up carieid the piostrate form to the home of Mrs. Cree on Broad where Tarkington and Dr. Frank N. Martin was called. The physician did everything in his pow- er to restore the injured man to con- he did not come out of his stupor until alter ten o'clock in the evening. He was visited by Dr. Martin again this and the attending phy- sician 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 again. The injur- ed man is a step-son of Frank Steeb of Stevensville. He is unmarried and 22 years of age. SPECIFIC PERFORMANCE OF LAND CONTRACT. State of the Probate Court for the. County of Berrien. 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 Probate. In the Matter of the Estate of Mary M. Richard M. Goodwin having filed in said court his petition praying that the ex- ecutor 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 lifetime. It is That the 7th day of A. D. at ten o'clock in the at said probate be and is hereby appointed for hear-- iug said petition. It is Further That pub- lic notice thereof be given by publi- cation of a copy of this order for three successive weeks previous to said day of in the St. Jo- seph Weekly a newspaper printed and circulated in said coun- ty ROLLAND E. Judge of Probate. A true copy. CLAUDE A. Register of Probate. 5-13-w3t STILL IN fcANSING AND 8AI8 STORY IS PLOT AGAIN8T HIM. J May rage because Representative Schantz would not give him money is be- lieved by the polico to have caused the murderous assault upon Schantz for which they have James Duggan under arrest. 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 home. Dnggan will be arraigned today charged with assault with intent to commit and when he is tak- en into court with him will be taken his bloody clothes and the bloody ra- zor found on him when the police arrested him shortly afl6r the crime. Duggan's record is entirely against him. He has been arrested numer- ous tiiries in this and other cities for various and has twice at least fought the police with wicked fren- zy. He refused to talk about the matter. 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 lazor. SALE OR MORTGAGE OF .REAL ESTATE. State of the Probate Court for the County of Berrien. 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 Probate. 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 describ- 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 es- tate in said real estate should not be It is Further That pub- lic notice thereof be given by publi- cation of a copy of this for three successive weeks previous to said day of in the St. Jo- seph Weekly a newspaper printed and cii dilated in said coun- ty. ROLLAND E. Judge of Probate. A true copy. CLAUDE A. Register of Probate. 5-13-w3t PROBATE OF WILL. 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 Probate. 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 hear- ing said petition. It is Further That public notice thereof be given by publication of a copy of this for three suc- cessive weeks previous to said day of in the St. Joseph Weekly a newspaper printed and cir- culated in said county. ROLLAND E. Judge of Probate A true copy. CLAUDE A. Register of Probate. 5-C-w3t The Daily 10 per PROBATE OF AVILL. State of the Probate Court for the County of Berrien. 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 Probate. In the Matter of the Estate of'Hen- rietta Melitta Zick having filed in said court her peti- tion praying that a certain instru- 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 grant- ed to Theodore Berk or to some other suitable It is That the 7th of D. at ten o'clock in the foreuoouT at said probate of- be and is hereby appointed for hearing said It is Further That pub- lic notice thereof be given by publi- cation of a copy of this' for three successive weeks previous to said day of in the St. Jo- seph Weekly a newspaper printed and circulated In said coun- ty. ROLLAND E. Judge of Probate. A true copy. Member of the House Gives Oat Statement and Denies That He Has Been Ordered From the Floor of the Campbell Backs Up. May sentative D. Z. Curtiss is still In-Lan- sing and declares that -not intend to leave until the session ends and will go to his seat in'the if any legislation comes up f he is particularly i tion was taken by Campbell with regard to the Detroit News 'leg- islative the- r having reconsidered his previous de- cision to bar the News from the -priv- ileges of house. Several mem- bers opposed this declaring that they did not believe the speaker would be warranted in this summary' and he finally said that for the present he would not the News representative barred fronv the floor. Curtiss is giving out interviews all newspapers. He says that the leged scandal with which his 1 is connected is all a plot against him and an attempt to discredit Speaker Campbell by using him'as the to strika at that. Representative' Baker of Cheboygan. and others are the v ter. 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 that1 he would not cause his colleagues any embarrassment. He 'also says that he believes further statements will r be given out by some of those cerned in the matter. CLAUDE A. Register of Probate. 5-13-w3t May ions in the Warner-Cramton liquor which members of the house regarded with much we ripped out of the measure by the senate yesterday afternoon. The house passed the bill with a section prohibiting druggists selling liquor except on a physician's pre- but the senate eliminated the entire as well as limit- ing to cities of over popula- tion the provision allowing councils to extend the closing hours of the saloons to midnight. The Ming which con- tains similar was but the senators entered into a gen- tlemen's agreement to take up for next Monday night for final consid- eration the Warner-Cram ton bill. Engraving free on all goods sold at my store. M. W. and 222 State street. 5-10-tf BLGE IT BERRIEN SPRIN6S BARN AND CONTENTS BURN YESTERDAY WITH f 700 LOSS. Special Berrien May A barn belonging to George Simpson of this was destroyed by fire together with some livery stock owned by Edgar Benhard. Miy Benhard's 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 qui- et investigation Is' being made. village has had two or three fires re- cently of an incendiary origin. Cause for AnxUty. hear BJenks 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 tak- ing care of him hag gone Life. Brand new Ice cream parlor now open for business. Everything new and up-to-date at Herring's. 5-13-3t PIANO TUNING. Have your piano repaired or refinished by an experienced piano man. Old pianos made as good as new. Orders taken at August Pe- ters' piano Beiiton or lesidence phone Ben ton Harbor. J. E. STERLING. 5-1-tf Just received a fresh line of Gun- ther's famous candies for Herring's store. 5-13-31 Flag Day to he Observed All Over America June 14 June will be flag day. 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 occasion. stars and stripes as the flag of the United and since the adop-l In the American asso- that day has been observed all made up of individuals and over the the enthusiasm in-1 patriotic societies from all over the creasing yearly. was organized for the pur- 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 flag. 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 AtnJffc can to the officers and mem- been added at the admission of eachibers of all patriotic societies and to new until now there are 45'American citizens in asking stars. their assistance and enthusiasm Flag is observed most oxten- observing flag day year. i FW SPA PERI
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