Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1884-04-10

Last Saturday night, after Judge MatShewa
had charged the immortal tand now thoroughly
terrified twelve before whom William Bernef
was tried fer the murder Of William Kirk. public
sentiment was generally expressed. AT last Wen
hang a murderer In Cincinnati" Both those
ycrsed In the law and those who could under
stand plain English wore sure the murder could
be nothing else than murder In the first degree:
or that ut f~urthermost. two or three OF the jurors
might cause q Disagreement. The court had
given Them particularly TO understand that their
only business was to report upon the truth Of
the facts that had been presented, and that they
had nothing 10 DO with the law except 20 use IL
as a guide TO their findings. AT first they seem
to have recognized their duty plainly, and dis
covered no way to any verdict except one OF
murder In the first degree: since they sent TO
the court for information, and asked IL they could
recommend the boy to mercy despite then
verdict. The court replied that they could.
Monday when the jury announced readiness 70
deliver q verdict, the courtroom was PACKED
with humanity. and difficulty was experienceoI IN
making q passage way for tho entrance OF Jurors
and oficerc. When the foreman announced Ehat
Bcrner was not guilty OF murder In tne nrst
degree, but guilty Of manslaughter the mndest
possible under the Indictment there arose CITY
OF surprise, mingled with expressions OF disgnst
and anger, from the whole audience. Before q
minute had passed the boy was taken through
the judges private room; down .ne Dac in 1919 ths
iail-thus cheating the noisy crowd ont OF q
sight OF him and probably out OF an opportunity
20 do him bodily harm, The court assed nns
DTlhOUcIB COuu6Cl IL tAOy 49,
boiled Co see If manslaughter was
the verdict OF each and every one
of them. They said they had nc
such wish. The same thing waa M asssu = pach
and Thomas In disgust; we don't want any
polling from that jury It was not necessary %
ask the court what he thought OF the yerdict
With an Indignation that ne snaI9a wt rasr.ir
dreds OF others around him, he could not refrain
from expressing himself in an undertone. ~
a id outraged" he exclaimed. and WHOM sns
customary thanks to the jury Tor theH laltna rn
ness In doing their duty. he simply said: lns
inry IL dismissed. The twelve men arose nom
their places with an irregular staggcr, ana gos
out OF the court room amid great tnmnit. Ing =
prisoners counsel also lett, ana wels cown 49,
street. The prosecutors had welded 80 strong
chain OF evidence that Berner's counsel, oeivIe
the trial. offered to enter = plea OF murder III sns
second degree, which would entau IN n
prisonment for life. nat tor the out
hurst which has followed Is shown by
published interviews with prominent cisa, \.
last Monday, President W. w. PeaDouy, o. s1s
disgracefui and disgusting beyond expression.
THE time has come when the people themselves
will rid the county of the. expense o. 1917
murderera.- A meeting OF oui;sers 49, oon
and there was but one opinicn; Inc sooner Jails
arc destroyed, police ~disbanded ana the tno oau
time 40 California vigilance commltteel s lnAug.
urated. the sooner there will be security TOT Ills
sna nronerty.- Precautionary measures were
discnsaed by the sheriff and his deputies 81 tnv
iaiI before the verdict had been known an nouI.
The jurymen remained In the granu July 100. .psa,
for hours. awaiting opportunity to regain tnen
homes secretly. They have disappeared nom
,auhlic zen. /. seems, and would fare Ill AZ tne
hands OF the rioters. Their names are 5snuei
Edwards, John Wilsey, francis Duon, Hen
~ Rohne. Samuel Merrill, wesley rKiumoIe'
G,arles n Dollahan, A. i. Shaw and Ia A. Phn-
lips.