The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-10-25
IRVINE NOT GUILTY.
That Was the Verdict Returned
at Lincoln Yesterday.
FOUR BALLOTS WE'RE TAKEN
Three o, Them staining II to /, the Fou nth
Unanimous -Flossie vindicated-A
Reconciliation Probable.

LINCOLN, Neb., Oct. 24-lSpecial tele-
voted to the criminal cases sc the county
court house is deserted. long aud excit-
ing trial has ended and William H. Irvine,
charged with the murder of G. E. Mont
gomery, has been declared by twelve men,
his peers, free man. There was little
delay in opening court this morning, and
the closing arguments were brief.
Judge Powers, for the defense, made o
speech replete with epigramatic phrases
and beautiful thoughts, with wealth of
imaginary and wonderful oratorical pow
ers. At one point. when he referred to
Montgomery riding around in his carriage,
the states attorney interrupted him and
objected to the statement on the ground
that the evidence did not show it. Mr..
Powers turned and arraignen the states at
torney and his counsel for their unfairness
throughout the trial in terms so scathing
that the court fairly rang with applause.
many Of the people rising and clapping
their hands. Twice again was the gentle
man greeted with similar demonstrations,
the judge and sheriff making no attempt to
stem the tide After making a strong ap-
peal for the home, Mr.. Powers said there
was another one for whom he wanted to
plead. and quickly stepped back and took
the prisoners little golden haired daughter
in his arms, and cried "Vindicate Flossie,
Flossie, Vindicate Flossie.' and sat down.
County Attorney Smell made the. closing
add ress on behalf of the state. He defined
t+t. Il ALL
the jury it was in their province to fix the
degree of this defendants guilt He said
that the defendant had hired ten OF fifteen
attorneys to work up sentiment for MIN,
and spoke Of the several defenses set up
by them, ridicnling each in turn, and alleg
ing that there was no justification for his
act. He insisted that the defendant lay in
wait about the hotel that morning for
Montgomery and that be had good
right to infer from certain witnesses testi-
mony that Irvine had been to Montgom-
ery's room before he waited for him at
the hotel.
Mr. Smell laid down q different moral
code from the defendants attorneys and in
sisted that the public good demanded that
the laws be enforced. It was the law of
the state that no man had a right to take
another's life and he made an eloquent plea
to the jury to enforce that law. He con-
tended that as law-abiding citizens they
were bound to give Irvine the aame medicine
as be gave Montgomery. 1t this man is to
be turned loose where is it all to stopa Ii
you say that he had right to shoot down
Montgomery, has not some relative of the
dead man right to shoot him down as he
walks from the court rooml Judge Hall fin
ished his instructions to the jury shortly
before the noon hour and the twelve men
fled out and the court took q recess
At 3:lS p. N. a commotlon indicated that
verdict had been agreed upon, and at 8 20
p. M Mr.. Irvine, trembling like leaf, was
brought in. The crowd was great, and SO
nervous were the people that they rose ON
tiptoe. The fact that the jury had agreed
upon q verdict in four and half hours
was taken ~ an indication that it was not
guilty.
At 3:25 Judge Hall, who had gone down
town, returned, and In few minutes the
jury FLED into the box, each member look
ing as though intensely relieved. Judge
due decorum, but when Clerk Baker read
the verdict handed him by Foreman Walter
Hoge, I'VE, the jury, find w. H. Irvine
not guilty." q mighty shout went up from
the audience, and the prisoners OLE uncle
threw his arms around Irvine's neck, and
the tears streamed from the eyes OF both.
The people rushed up to shake hands with
Irvine but he was in q half fain4inp con-
dition and when Judge Hall remarked
"William H. Irvine, you are discharged
from the custody of the sheriff." he was
escorted from the room. The jury took
four ballots. three standing eleven to one
and the fourth unanimous.
Mrs. Irvine, it Is known. Is in Omaha,
and those in position to be posted de-
clare that reconciliation between her and
her husband is among the probabilities.