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George Baby Face Nelson — Part 3
Page 202
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entitled to the banefit of that doubt and you should acquit
bim, fhe burden of proof never shifts from the :eople to the
Aespondent, but it upon the szeople throughout to establish
evory essential element of the offense,
lkow there ars only two elements in this case;
First, that the benk was robbed, which is admitteds end the.
ssconc, that the Resjondent wis present ‘and was one of ‘the Be
robbars, Now in this case the seoplo hava offered here the
testimony of thres of the employeos of the ‘bank to the effect
thet they saw the res;ondent in the bank and that he was one
of the robbers and that they positively identify him, They
havo also offered the testimony of &@ man working across the —
stroat in the McClellan Store; he testifies that he paw the
respondent and the respondent is one of the men thet took part
in roibing the bank. Mr, Dewitt, the Chief of lolice in
this city has teen ezlled to testify, and he testifies in
substance that the respondont told hin that the respondent's
brother was in the bank, w.s one of tha robbers, und that his
brothar wag indatted to hin end in order to pay him off, turnod
over to him soma ninotecn hundred or two thous nd @ollurs in
cicth of this bunk. ir, svans, from Hamsond, indiuna, testifies
ha euched one of the cheeks in ths store whora he was ariplo; ad
4n Haiwnond where he claiss ths respondent bought a hate
iow the respondent horo has offered the testimony of
some eix witness 03,4 Ho has offared the testimony of ur. Bailey,
Mr, Shugan, kr. hnuth, to the effect that he was in Chicago .
at a cortain apartmect on this day in question and was not here
at all. Now it a,peara that these witnesses testified
positively that he ws there in Chic.go, and they elain that
pafors testifying that they tulked or e:lled up, ona of than
did, hrs, Rhodes or Rohrar, who had charge of ths apurtnont,
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