St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-04-01
THE BEGINNING OF THE RIOT.

The wicked riot, which has been raging in
Cincinnati for several days, was at the out
set, the elimination of the surprise, indigna-
ton and rage provoked by the verdict of the
| jury before whom was tried VIM. Berner for
the murder of his employer, VIM. Fl. Kirk.
The crime had all the elements that con-
stitute murder in the first degree. The ac-
cused man had once confessed his awful
crime, and upon being put on trial offered
to plead guilty to murder in the second de-
gree. That proffer was rejected by the state
attorney for the reason that the proof was
ample. of the higher grade of crime. The
lawyers who defended the murderer had but
little expectation that they could avert a
verdict for murder in the first degree, and
their efforts were directed to the procurement
Of verdict which would save the culprit
from the death penalty.
For quite period of time it has been well
nigh impossible to secure the conviction of
criminal by Cincinnati jury. So very grave
had this condition become that good citizens
generally were greatly alarmed, and in hope
of reaching better day in regard to jury
trials, sent to the state legislature
for the passage of a law that
would relieve the jury system of great de-
formity, which excluded from jury service,
men of character and judgment, upon the
ground of their intelligence. The public
mind had been excited upon the ST bject of
jury trials. Guilty scoundrels by the score
had been turned loose by juries, and all
forms of law and propriety had been discard
ed for the attainment of such results until
the attitude of things was thought to be un-
bearable.
While the public mind was in this state of
excitement the Berner trial came on, and its
progress was closely watched. Much difficulty
was experienced in securing jury, and
after several days one was finally completed
composed of one saloon keeper, one garden
er, two cigar makers, one printer, one car
pet cleaner, one ex-merchant's clerk, not in
any employment, and five farmers. The
trial of the case occupied two weeks, and the
lawyers tor the defense made great struggle
in behalf of their wretched client.
All this time the interest in the
matter grew more and more
intense. The proof of guilt was ample and
beyond any reasonable doubt. The three
ablest criminal lawyers in Cincinnati were
defending the criminal, and Judge Charles
Matthews, brother of Stanley Matthews, heard
the case. A strong effort was made to rule
out Berner's confession, but without success
While the jury were considering their verdict
they sent in to ask the court if they might
recommend mercy. The Judge expressed
the opinion that the verdict would be murder
in the second degree.
Finally the verdict was received in dense
ly crowded court room:
We, the jury, in the issue joined, find the de-
PENDANT, Vim. Berner, not guilty of murder i'll
the first degree, but guilty of mansaughter.
The whole audience cried out with indig-
nation and rage as soon as the verdict was
comprehended. 1t was necessary to hurry
the prisoner from the court room or he
wonld have been torn from limb to limb.
Members of the jury had to flee and go into
hiding for their lives, and even the Judge
was heard to say, in an undertone, as it
were: otis a damned outrage" Some
mixing of the suppressed excitement that
preceded they great riot may thus be gathered
briefly stated tneSe are the tnlngS winch
Immediately preceded the breaking out of the
riotouS proceeding at once so terrible and
disgraceful, no doubt at the first moment very
many sympathised with the summary move
ment toward wreaking vengeance upon the
criminal deserving the greatest penalty of the
law, and doubtless now in their second
thought they bitterly regret that momeut of
weakness.
That the mob soon changed from the orig
inal spirit of desire to make life more Sc
cure by rendering punishment swift and
certain, is not surprising. There are always
lawless characters enough in great city to
take advantage Of such situation, and the
result has been to place Cincinnati for a
time, in the hands of commune.