Nothing in Evidence to Justify Past Month Shows Increase ofVerdict of Gulty First Degree Murder$811,538 Over January of Last Yearrfwir.] .jrhe ba4\^:;OfXlcne for tlio- #ere dtmbst:'twice'■ a« |:irtfe an those of the corresponding-.■^1 .1 O^mnhall month hist year. The clearings forIfewing of Knife by CampDeii lR8t. $2,1^,59^32;Vv-ing Fight .Would Justify Killing Says JudgeI while tho total for January. 1916, was * i*l;i9-7,1 ie.9ii making- this year's In-: crease $11,5SS.47.case and .struck, jtho deceased a blow There la-ho evidence wiiiehwouldj or niowson the head with, such in*warrant pr authortza the Jury in find- Rtrnment. believing, as a reasonable JogtheiWcndaiit guilty of murder in.j person at the’ time, that such actions the first degree,” said District JudK'-‘ j vrore.necessary in the. defense of his R. C. Stoddard In his instructions to I person from* the attack which lie bathe lluvy yesterday upon tho eomplo-I ijeved wan about to be made upon tion of testimony in the tFial of .Christ J ^,jm jjy tin? deceased, and to prevent MHosovich, cftaigod -with tho murder | the deceased from taking his life, or of Joseph... R* Campbell' on November J infllctingr upo^Jilm serious or great 27. . | bodily. injury, and from, which WowThis leiiVep the jury only two spe- J or qw « df*peased. died, then tho it ill*clfle ‘degrees, of homicide-, on which |jny ot the deceased was. justifiable,they can return a- vovdlet of 5uilty,jaiK| you should acquit him of any either murder lr» the second degree ot',|charge Included in this information. manslaughter- • I New Knife. IntroducedInstructions precede Arguments I a new. knife -was Introduced in theJudge Stoddard read his instructional prosecution's, rebuttal testimony ycs-to the jury lute yesterday afternoon,Jterday. This knife, which had a pearl before the case was argued, in order I handle and .was alleged by the prpse-to moke tho moat of the time, it bb* I eution. to have belonged to Campbell, ing considered by counsel too late in jwas introduced by. Herman W. Stoitx, the day to start the arguments. The |H frie,n{i 0f deceased, who said ho had prosecution will start on its argument j found it on a' table in Campbell's lirst thing this yiornin#. and It is ex-1 rftnm, M ins Efl'a Roof, house keeper peeled the arguments will be com- jthe ,Hiversllt;ic, hotel,, testified she ]doled and tho jury retire early thisjvvas with Sloltz when he found tho afternoon. Judge Stoddard, with the j Jusiico of “the Peace and Cor-consent of counsel, announced»•• that joner P. K. Unsworth, recalled to the court would eonvone at 9 o’clock tbiHj stand, said ho had seen no knife in morning, an hour earlier than theICampbell's room wheni he examined usual time. I tho effects of deceased before the In-fovci* 28 Fagbfc [quest. T ,W. Itaynor, also a. friend oiThe instructions to the Jury cov* I deceased, testified he had scon this crcd 28 typewritten pages. The varl- | |lt;nifc in t'ampbclVs possession ,at the our points of law pertaining to tnur-1 Riverside bnr tho day before h« dor and man,slaughter woro defined, jdettlh. the proper manner of weighing tin joilior .Knife Was Different,ovidenco was explained and tho mean-j The knife -alleged to have been ing of reascniah in doubt” was Inter- j ton tut by Mrs., Mary Jauslch hear the preted.. I scone of the fight between CampbellAttach Wouhl Justify Killing land Milosevich outside tho Iel Monte‘•Ton are instructed,” said a pan I roadhouse, just after the combat, anti of tile instructions. that if [claimed by the,defense to have beet you believe from the evidence that the I Campbell's knife, had a dark groer deceased struck the defendant a blow j handle. Miss Daisy Reeves, a reluct with his fist, or made an assault upar. I ant witness for the defense, said or him. and that the deceased and thlt;- j ihe stand Thursday that Campbell hue defendant clinched in a struggle, and I displayed a knife with a dark grew engaged in a combat or fight, and thft* 1 handle at the tol Monte bar shortlj at the commencement of the fight they I before the fight, but held the knlft were lt;*n equal terms, that is that Icampboll had in his hand was smalle; neither patty, the deceased ortho do-1 than tho one introduced by the d«fondant. dtaplaycd or* showed anyarnfs or weapon??, awd that daring theProgress of the fight the deceasedcured and hold in such n position in his hand,an open knife, such as might be a . deadly weapon as define*! 1r,these instructions, and that It appear. «?a to the defendant, as a reasonable person that he was about to bo strucl with the knife by the deceased, and sf believing, the defendant seized an InIisfenso as that alleged to have beei foUhd by Mrs. liusich.Wall Was of WoodDh A, Parker I*ewis -tins called ot►the stand to give, expert testimony a. to whether it would have been pos Bible for Campbell to fracture hii skull by falling over against the wallJack Vera, foi;mer proprietor of tin roadhouse, wtrn recalled to state who. material the wall was made of. Vertstrument such as testified to in this said it was a wdaden wall.