Morning journal and courier., 1880-02-06
LOCAL NEWS.
rror ether Local News see Second Pae ell
End of the smith Murder Trial

The JurY Find . Verdict 0R Uan-
 slauEhter-A Sentence of Eighteen
 Months i'm Jall-The Way she Uury
 stood 1t First. r -..5
 When the Superior Court opened yesterday morning at 9 o'clock, for what proved to be the last day of the Jake Smith trial, there was not 90 large crowd in attendance as on many previous days. The jury went out at once for deliberation, and the prevailing opinion in the court room appeared to be that they would reach a verdict in e short time, and this proved to be true. At 9:45 there was rap on the jury room door from the inside, when the sheriff promptly responded to the call On opening the door the jury filed in and took their accustomed places. The jury was boiled by the clerk, and then the usual question was asked, "Gentlemen, have you agreed upon verdict?' Foreman Mattoon responded, "We have," and immediately after said, "Guilty of manslaughter, with @ recommendation to mercy" The prisoner then took his seat with an apparent satisfied air. State Attorney Doolttle moved for sentence, and there being no opposition on the part of the defense, the judges held a brief consultation. Judge Martin then said: "The statute gives this Court 8 wide range in such verdict. From the evidence produced we find that this is the only offense the accused has ever been guilty of. From the testimony of large number of witnesses it has been shown that his general character was quiet and peaceable. As the jury in their verdict make a recon mendation, we infer this is intended as a sort of compromise verdict. In view of these cir cumstances we feel disposed to deal leniently. The sentence of the court is that Jacob Smith, convicted of the crime of manslaughter, be fined $1 and be imprisoned in the county jail for eighteen months"
 The accused then stepped in front of the judges desk and thanked their Honors for the kindness shown him during the trial. He assured the court that he should be an obe- dient prisoner while in jail, and that he should hereafter try to conduct himself in such @ way that none could say aught against him. After his little speech to the court he shook hands with several of his friends, not forgetting State Attorney Doolittle, whom he also thank ed There was short consultation between the prisoner and his counsel, and he was then taken back to jail in the sherif's sleigh, Jake acting as driver.
 Foreman Mattoon was approached in regard to the way the jury stood when they first went out and as to their subsequent votes. He replied that TO one but the jury knew any thing about the matter, and ''never would know" as they had pledged themselves to se- crecy. The COURIER reporter, however, .thought it within the bounds of possibility to ascertain the facts in the case, and SO set himself to work for this purpose After diligent search he found a per son who could speak from authority and from him ascertained the following facts The first vote taken after the jury retired stood eight for murder in the first degree and four for murder in the second degree. The four were Jurors Brown, Twiss, Weeks and Gower After several ballots some of those who had voted for first degree changed their votes 10 manslaughter. Then arguments were brought to bear on the eight who had stood for first degree at the outset, and later for second degree, and they were finally all brought over to verdict of manslaughter, with the addition that the prisoner be recom- mended to the mercy of the court. This statement can be relied upon as substantially correct.