Show I IMT HAIH3S OF JITBT Stales Argument Ended at 1105 Yesterday The matter of MortcnsenH money was the first poJnt for the prosecution I put forward by District Attorney Elchnor yesterday morning Would the defendant he asked have falsely 4 claimed to Hilton that he got the money from Cannon and others If he had really real-ly had it and obtained it In a legitimate 1 legiti-mate way I In reply lo the statement that Mor tcnscu could hnv wiped out his debts by taking advantage of the bankrupley act the prosecutor said the act would not have wiped out the mortgage nor prevented the creditor fiom putting liens on the property of Morlrnsuns customers and ruining his business OFFERED TO SHOW HIM Bernard J Stewart asked permission to put a question and when Mr Elch I nor graciously assented Inquired how one man could put a body over the fence without tearing his own clothing the clothing of the victim or becoming stained with blood I will answer you In my own way was the reply if yon will go down with zoo after this trial I will undertake under-take Jio throw you over that fence and I without tearing your clothing cither Any man on this jury could lift ISO pounds over that fence FIFTYFOUR LINKS One link of circumstantial evl duricp Mr Kichnor nakl would not I convict any one One strand of wire would not support much weight one thread oC silk would be easily broken but many wires twisted In a cable or fifty threads woven together would be extremely dlfllcult to break Now I will read to you fiftyfour links of elr tiimyuuitlal evidence Unit form the i chain against Fetor Mortonsen r Tho link were a wellarranged 1 fiynonMa of the evidence for the prosecution prose-cution Warning the jurors of their duty to uoclely and against the Influence of sympathy for the accused Mr JSkh nor said Gentlemen I thank you and rat down It was n5 oclock IXSTlirCTlONS QKtfUN Judge Mori1 begun Immediately to read Ills Instruction to the jury who l loaned forward and listened with rapt attention The defendant was leaning back In I hh ohnlr I i squarely facing the I court Two white hands were firmly clasped In his lap The left log was crossed over the I right knee With his XIIKO ilvod unwaveringly on the t court ho remained as motionless and cx prossionlCTSf ai a graven Image a mystery mys-tery to the last The charge was conceded by the nl tnruays present to be a model of lu rldity falrno and good law It wa Interesting to note In connection with Judge Morses Inquiry of defendants counsel whoihor they de lrod liiKtriif tiois of murder below the first clcgiv that second dcgre murder and man sluughtci wore defined In he charge Not n single exception was taken by the defense The court first quoud the language of Ihe I I nI ouruial Ion and staled that the burden of proof was upon the State DEC RIDES OF MURDER Murder In the first degicc was do hued thei murder in the second degree de-gree a iid minslauglicr Propondoranci oC evidence it was fluted Ii nor sulliciont for a conviction tho evidence must be beyond a reasonable rea-sonable doubt If C In doubt ns to the degree of the homicide the Jurors arc directed lo Mud in the lessor d ftroc A jcanonable iloubt Is defined as a doubt bawd on reason and common ° eise not a possible or fanciful doubt While each Juror Is expected lo have an opinion of his own this does not mcnn that a Juror should not consider nnd respect the views of his fellow jurors 1 The evidence of pMillt must bo FO complete as 10 exclude any reasonable hypothesis of innocence that might exist ex-ist The Jury may consider evidence as to the character of the defendant and should filvo it due wclslrt cen a decisive deci-sive weight where the scales arc evenly balanced The defendant may testify in his own behalf but his failure lo do so may not be allotted to influence the jurors stilnst him It la the privilege of the jury lo judge as to the credibility of witnesses and if a witness has told an untruth on one point the Jury may discard all his testimony tes-timony The Jurors are the exclusive Judges oC the facto and the evidence They may consider the coiduct of wltriso their means of knowledge and their Interest In-terest In the case If any is shown Tt IK their duty FO far as possible lo reconcile a conflict of testimony between be-tween witnesses I PUBLIC SENTIMENT The Jurors were warned not to be Influenced In-fluenced by any imbltc sentiment that mny exist nor consider testimony stricken out evidence mINi out the statements of attorneys unsupported by the evidence the absence or pro cnce of the I defendants wife or members mem-bers of his family In I conclusion the t court specifically requested thejury that It had a right to hitch the defendant guilty of murder in the fIrst degree without a recommendation recom-mendation In which case the penalty would be death or find the defendant guilty with a recommendation to life Imprisonment S at hard labor iri f i the I pc Iteiulsiry The Jurory were directed to consider this point ns carefully as the evidence almost an assurance that the rccommendailon vould be observed by the courL JURY RETIRED Bailiffs Joseph Bull John Armip and A A Alklre wore sworn to take care cl the twelve good true men and the court declared an Informal recess until the verdict should be reported With this the jury retired lo the jury room on the fifth floor of Iic city and county building I The crowd lingered In the courtroom and corridor until alter 12 oclock retiring re-tiring only vhen the jurors went out to lunch |