Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1873-10-02
Cutting into Prison.
Conviction of Otto Fraunburg tor
granddaughter.
DISTRICT COURT THIRD DAY.

DISTRICT COURT THIRD DAY.
Yesterday was occupied, at this
Court, in hearing the arguments OF
the counsel in the case of Otto Fraun-
burg.
Mr.. Burton, Of Ottumwa, made tho
first speech for the defense. He ad-
dressed the jury briefly upon the law
of manslaughter and self-defense, and
stated at length the facts of the case,
claiming that in what the defendant
did he acted in self-defense, being as
saulted by Barker so desperately that
he could not otherwise save his own
life.
After this attorney had spoken two
hours, Court adjourned for dinner
Mr.. Burton spoke one hour in the af-
tcrnoon. His remarks were always
forcible and to the point. He stated
that the husband who could permit
another man to put his arm around
his wife at circus, or 60 out buggy
riding with her, could not feel very
much aggrieved at discovering this
man hugging and kissing her. This,
though indiscreet, was not an act of
adultery.
Mr.. b. j. Hall, of this city, next
arose for the defense. After present
ing the law briefly to the court, he
addressed the jury in very able man
ncr. He reviewed the whole case in
detail. He argued, of course, that the
defendant committed the homicide in
self-defense. He said that the defend
ant to be found guilty must lose his
right of self-defense that night, and to
have possessed no other right but to
stand and die. Mr.. Hall spoke two
hours in most eloquent manner.
Gen j. b. Weaver, of Bloomfield,
closed the argument in the case. His
speech was notable for its conciseness
and clearness. In comprehensive
manner he laid down the whole histo-
ry of the case, expatiated fully upon
the character of the defendant; his
intimacy with deceascd's wife prior to
the ARRAY the fact that he had no
knife in his belt three hours before the
stabbing; that he knew his presence
at the house of Barker was objectiona-
bic to the latter; that he had evidently
went there that night, deliberately,
armed and prepared for any encounter ;
that his overcoat was buttoned up and
his knife consequently drawn, as he
cssaycd to leave the house before Bar
ker fired. The gentleman evinced
careful preparation and considerable
powers of oratory in his address.
His remaks evidently had great weight
and influence upon the minds of the
jury.
At 6: 40 the Judge delivered his in
structions to the jury, and they retired.
At 8 o'clock the jury returned with a
verdict of equity" Sentence was re-
tanned.
The verdict may be greeted with
some surprise, for few expected to see
conviction as the termination of its
prOtracted course through the coul is.
But it will meet with very general ap-
proval, especially where the murder
was committed. 1t was not so much
that people demanded the vindication
OF severe justice where one man was
slain in conflict where both were
alike armed with deadly weapons it is
rather judgment they called for that
vindicatcs the sanctity of the family
altar.
Had the result of the ARRAY been just
the opposite from what it was, we be.
lieve that no jury could be empan.
nelled that would have convicted Bar.
ker.
The highest penalty that can be in
flictcd for manslaughter,, we believed il
a sentence of eight years to thel peni
Tertiary and fine of $1,000.