Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-05-10
VOLUNTARY MANSLAUGHTER.
A Verdict Returned Against Louis Hide
brand-How the Jury First stood.

A Verdict Returned Against Louis Hide
brsnd-How the Jury First Stood.
Colonel Arnett concluded his argument
in the Louis Hildebrand murder trial yes-
terday morning. He finished an explsna-
tion of the law of homicide. showing the
requisites for the different degrees. He
argued that his client was innocent from
a statement of the facts made on the wit
ness stand by the prisoner, that his wife
was killed while trying TO wrest the re-
volver from her hands. The Colonel called
attention TO the room in which the killing
occurred and urged the impossibility in
such small space of missing his mark
twice had murder been intended.
The expression Louis. don't shoot, 1"
sworn to by Mrs. Cook, as heard through
the partition, Col. Arnett declared was
Louis, I'm going TO shoot" and great
stress was laid on this point.
He argued that Mrs. Hildebrand's con-
dition on account of liquor was such that
her ante mortem utterances we're not trust
worthy, though che said nothing that con-
flicted with the theory of the defense.
The character of the prisoner was referred
TO at some length. 1t was asserted that
the testimony was clear that he bad been
much abused man, but that he had never
resentei his wrongs. and there was not the
slightes\. evidence Of malice.
At Aw minutes before IL o'clock Col.
Arnett finished his able and ingenious ar
gument, ard a recess was had for dinner.
When court again convened, ex-senator
Sommerville made the closing address Tor
the state.
The questions of law were examined at
length and more than an hour was con
sumed in defining 'circumstantial evil
dence," ''malice," reasonable doubt"
and other terms. Then the testimony was
Analysed and the weak spots in the theory
OF the defense, discrepancies and contra
dictions were pointed ont, and Col. Ar
nett's Sound theory" vigorously asssiled
II was strong, cogent and logical srgu-
men throughout, and at half past three he
thanked the jurors for their attention.
The usual instructions from the Court
were. read by counsel, and the jury retired.
At o'clock il returned to the court room.
q Have you agreed upon verdict"
asked Clerk Mitchell.
"We-have-not," was the prompt re-
sponse.
Court thereupon adjourned until 7:3O,
and the jurors were escorted to supper.
AT O'Clock the jurors filed into the
court room and presented their verdict.
1t was for voluntary manslaughter. The
counsel for the defense gave the usual
notice OF motion TO be made, asking that
the verdict be set aside and a new trial
granted. 1t is not probable, however,
that this will be done, as the maximum
punishment under the verdict il but five
years in the penitentiary.
The verdict was in the nature of sur
prise to the counsel on both sides. The
prosecution had demanded q verdict of
murder and had considered case of in
voluntary granddaughter. In consequence,
when the jury sas first polled after it re-
tired, three members of it voted for a
verdict of murder in the first degree; three
for murder in the second degree, and six
voted for acquittsl. The verdict of vOlun-
tary manslaughter was therefore reached
thTouph n comnromise