St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-03-10
The Second Jury Pronounces
Him Guilty After Limited
Deliberation.
A Recommendation With the
Verdict for a Minimum
Sentence.
Lawyer Brown INDUCES in q
Reflection on Rulings Of
the Court,
And, Persisting in His Ex'
preston, Is Fined $25 for
Contempt.

| DR.. Thomas ]. Pearce was found
guilty, as charged in the Indictment, by
the jury last night. The charge was
manslaughter in the first degree, in that
he caused the death of Mrs. Helen
Clayton, by committing an abortion, on
the fifteenth of December last. The
penalty is not less than five or more
than twenty years in the penltentiary.
In addition to the verdict, the jurors all
signed a statement addressed to the
court asking that, IN view of the compli'
Gated character of the case, the minimum
sentence be pronounced.
DR.. Pearce looked depressed, and
had stony gaze when the jurors filed
into the court room, and he made
| great effort to control himself after the
word guilty was reached by Clerk Brei-
] dert when reading the verdict. Several
minutes elapsed before the verdict was
| recorded and the jury discharged.
| After that Dr. Pearce broke down
and shed copious tears. His frame
shook as with an ague. After
| time he braced himself and assumed
an almost rigid attitude while being led
back to Jail. He wore look of the
most abject misery, and his face was
| ashy pale. He acted as if dazed, and
ran against man in going out of the
| court room without seeming to even
know that he had been jostled.
The jurors reached verdict at $50.
They had gone out shortly after
o'clock, and in the meantime had gone
to supper. 1t was stated that on the
first ballot eight jurors were in favor Of
the verdict of guilty without any rec
! mmendation of mercy.
| The court room was we'll filled when
| the verdict was announced, and the ver-
dict seemed satisfactory TO the entire
company, with the exception of the
principal and a friend er two. The
verdict will be highly satisfactory to
the general public, judging from the
comments made since the first trial.
The jury have had a hard time
of it, as they have been con-
fined for a week in quarters that
under the circumstances would
not be as comic rtable as their homes.
The long day and night sessions in the
crowded court room; the technical char
!
ficult aud long hypothetical questions,
and the other attending circumstances,
have worn many of the jurors out, ana
several of them are indisposed.
A Sensational Episode.
Judge Kelly came into tie court room
last night looking quite i'll. He stated
that lie had called physician after
leaving court in the evening and felt
quite worn out. A sensation not looked
for was enacted which places c. P.
Brown, one of the counsel for the de-
fense, in an uufavorable light. When
the jury had agreed and all other inter-
ested parties. were present the court
waited for about an hour for the sheriff
| his residence, and he was not there. He
| was found. however, and came into
| court with a perceptible indication of
| intoXication. When the verdict was an
| nounced he began to address the court
| but was asked to wait for the verdict to
be recorded. During the reading of the
verdict the second time afterit had been
| recorded, Mr.. Brown made several eff
| forts to speak. lie then asked that the
| jury be polled. The clerk, at the direc-
| tion of the court, called the name OF
| each Juror and asked if that
| was his true verdict. Each
| Juror replied in the affirmative. Mir,
| Brown then made some remark about
the recommendation of mercy being an
| indication that the jury had not been
unanimous as to the verdict, and want
ed the jury catechised further as TO why
| they recommended mercy. Judge Kelly
| replied that there was no provision OF
| law for catechising the jury further.
| Il think the result of the verdict is
| due to the prejudice of the court"
| calculated Mr.. Brown in a thick
| tongued way.
| lis honor said, "Mr. Brown. am
| surprised at you. You are an old man,
and should know better"
Mr.. Brown still assumed defiant at
| titude, and Judge Kelly stated that he
| had a disposition to fine him for con-
| tempt. "All right" said Mr.. Brown.
| Judge Kelly said mildly, "Mr. Brown,
YOU are fined S25 for contempt, and will
| stand committed to Jail until the fine is
paid"
'All right. will pay it," said Mr..
| Brown.
Judge Kelly then thanked the jury
for its patient service and discharged
| them.
The action of Mr.. Brown created a
| sensation in the court room. The sheriff
took charge of Mr.. Brown, who wan
! dered about the court room in a daZed
| way. He did not have the money with
! him to pay the fire, and pleaded with
! the sheriff not to lock him up. promls-
| ing to get the money when he could see
| his wife Sheriff Chapel was present,
| and under the circumstances said he
would let Mr.. Brown go home for the
night if he would promise to bring him
| the amount of the fine this morning.
| The promise was made, and Mr.. Brown
| left the court room.
Nothing was done in the way of in
| PRODUCING teStimany yesterday. The
| time was taken up in the argument of
| the case. The address of the county
attorney was an able one. The address
| of w. w. Erwin for the defense was
Ingenious and ia keeping with the repu-
tation of the leading criminal lawyer OF
| country. The court room was pacKnd
! to suffocaton during the entire day.
Judge KelIY's Charge
to the iury was an exceedingly able
one, and was prepared with more care
| than the one at the former trial. After
| reciting lhe indictment the court pro-
| ceeded with reading his instructions III
| clear. distinct voice. Below are some
excerpts from the charge that occupied
thirty-five minutes i'll the delivery:
1t is the law of this state that per-
soE who uses or employs, or causes to
be used or employed, any instrument OF
| other means, with intent thereby 10
procure the miscarriage of woman,
! unless the same be necessary TO pre-
| serve her life, in case the death OF the