Omaha daily bee., 1893-12-17
MURDER IN THE DEGREE
Barney MoGinn Found Guilty Of the Dsatl
of Edward McKeuna.
HOW THE PRISONER RECEIVED The WaDcr
Interesting Question Raised as to the
Penalty the Guilty one shall suTcr;
and the Validity of the Finding
Capital r"unishmcnt law.

Nv WV ''NhN w " "
Capital Punishment law.
Barney McGiun was found guilty OF
murder in the first degree yesterday for
having caused the death of Edward Me-
kenna on the evening OF July % last.
The case was on trial in the district court
the greater part of last week and the sub.
stance of the testimony developing the
history of the crImo has been already pub
lishcd in The BEE.
Friday night the case was submitted. and
at l.3O o'clock yesterday mOrninga verdict
was agreed upon, though IL was not made
public until the converting of court.
Early yesterday morning it was noised
about that the verdict was ready TO be pre-
scntcd TO Judge Scott. and rs a result the
court room was fan OF spectators when the
baillH raped for order. The prisoner, pale
and slightly nervous, was brought in and
seated beside his attorneys, and u moment
later the Jurors filed in and took their places
in thcboN. As they aid 50 Judge Scott asked,
Gentlemen, have you agreed upon a ver-
dictt'
I'VE have, your honor responded the
foreman, as a sealed envelope was passed up
to the clerk.
The Verdict Read.
The stiffness of the room was painful,
and as the clerk tore open the documentary
cover the breaking of tho paper sounded as
loud as the passing of a wagon over the stone
pavement. CHANGING a 1.-THE paper, while tho
quiet BECAME more oppressive, the clerk
read the finding, which was TO the effect
that the prisoner had been found guilty Of
murder III the first degree.
sigh of relief was the only sound that
escaped from the great audience and that
was hushcd in a second.
McGinn, who had watched every move
mcnt of the Clcrk, worked his fingers in -
nervous manner and allowed the corners of
his mOufn tD tWiIEl rs tho word ~NruiltN't
was pronounced.
Jddgo Scott thanked the jurors for the
patience which they had displayed during
the trial and then ordered their discharge.
Turning to sheriff Bennett he instructed
him TO take NlcGiun back TO the county Jail
and keep him in close confinement until the
lronounCing Of the sentence.
How the Result Was Reached.
In the jury room several ballots were
taken before tho verdict was reached. Tne
first ballot was taken at $50 o'clock Friday
night and the result was as follows: Nine
votes for murder in the first degree; two for
murder in the second degree and one for
manslaughter. Tho second was taken ut
7:30 o'clock and resulted the same as the
first, though on the third ballot, which was
taken at $40, the juror who had voted for
man slaughter, voted for murder in the first
degree. On the fourth ballot the man who
had been voting for manslaughter went for n
murder in the first degree and one of the
men who was in favor Of murder III the first
dropped back to murder in the second de-
gree. On the fifth ballot there were nine
who were for murder in the first and three
who wanted murder in the second degree.
The sixth ballot, which was taken at IL 80
o'clock, stood eleven for murder in the first
degree and one for murder in the second.
Thirty minutes later another ballot was
taken and all of the twelve men voted for
murder in the first degree. After signing
the verdict the men slept until morning.
Tn returning of this verdict does not end
the case by any means, as the attorneys for
the prisoner have already moved for a new
trial on the grounds that there were errors
during the hearing and also in the inStruc-
tons. This motion will be argued, and il
denied, they will take an appeal TO the SUI
preme court, which will delay any sentence
which the court may impose, so that it is
probable that it will be fully u year before
the penalty is imposed.
Hereafter McGinn will be kept IN the steel
cage which was formerly occupied by Ed
Ncill, the murderer of Allan and Dorothy
Jones. He will be fed upon better food than
the regulation jail diet, as it is the custom
to give convicted murGerers the best that
the market affords.
LEGAL point and one which has driven some OF
the lawyers to sea to some extent, as they
are not quite sure whether there has been u
trial or not.
Question of the Penalty.
Prior TO the last session Of the legislature
the statutes provided that in trials for muir
der the Jury should report its findings,
leaving the sentence to oc imposed by the
court, but that law has been changed.
Last winter the legislature amended the
general law by passing a substitute, saying
that upon conviction of murder in the iirSt
degree. the party ''shall suffer death or
snail be imprisoned in the penitentiary dur
ing life. in the discretion OF the IIry.'
This law was approved April $. 1893, and
as there was no emergency clause, some of
Tho 1ttOrnpNS argued that IL COMO not 70