The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-12
Jurors Decision i'm the
W0rthington Case.
NEW TRIAL WILL BE ASKED
The Defendants Stolid Demeanor Re.
manned Unchanged, Even When
the Verdict Was Rendered.

Baddeley. came to an end yesterday, and
at 1885 o'clock last night the jury re-
turned verdict of guilty OF murder in
the second degree" Her attorney an
nounced that on the 18th prox. he would
make motion for new trial. The pen
atty for the crime determined by the jury
is imprisonmentfor not less than ten years,
at the discretion of the court
The courtroom was packed to suffoca-
tion. as eloquent arguments were expected
from both sides. When proceedings were
resumed Robert Ferral had not yet finished
his appeal on Mrs. Worthington's behalf
He once more called the jury's attention to
the special counsel for the prosecution
Denis Spencer was an old friend of the
Baddeley family and was there without
pay to hurl fierce invective at the wretched
husband and wife, whom he would try to
prove responsible for his young friends
death. FerIal had to announce to he jury
that he was also there without pay, but
from sense Of duty. knowing as he did
the extraordinary circumstances of the
case.
Referring to the woman's story that
Baddeley violently assaulted her, regard
less Of her prayers for mercy. and now that
she in her desperation had fired three shots
al him; how that afterward Baddeley had
met Worthingt0n on the street and had
used foul language and assaulted him. and
how that when Worthington showed his
bleeding face TO his wife on the night be-
fore the killing the poor woman sat rock
ing herself to and fro as one demented,
Ferral said that if all this were untrue, all
IA creature of The defendants imagination.
then there was clear enough proof before
the jury that the defendant was insane.
Annie Kelly he characterized as sort of
female Iago, who had shown by her actions
that she was not TO be believed. 1t was
very evident that Annie herself had been
intimate with Baddeley or she could not
have written such letters as she did.
Annie KeIly'S letters were introduced in
proof of this contention. Letter after
letter was read. all with the same object
that of showing that Annie 1t was who
vas doing her best to thrust Baddeley
upon the unfortunate woman.
The counsel then came to the subject OF
hypnotism. He quoted Shakespeare.
Spencer, Byron, Milton and Moore and
other poets of the old school TO show how
easily the mind can become blank. He
endeavOred to snow how possible it was
influence exercised by either her husband,
who should have done the shooting him.
self, or Annie Kelly. Medical tes timony
was referred to In support Of this theory.
Finally the Baddeley family was intro
duced to show that they knew all about
the4ntrigue, and Mary Baddeley. sister of
the deceased, had actually written 10
horse whipped or shot" On the other
hand, witness after witness had only too
willingly testified as to Mrs. Wor;hlng-
toms previous good character. The coun-
sci concluded his address with an earnest
appeal to the jury on behalf Of virtue aud
mercy.
After the recess Denis Spencer rose TO
reply. II was true that he was engaged
by the Baddeleys as special counsel, but
he also had a duty TO perform, in spite of
any unkind things that might be said
about him.
This was no case of poor little woman"
being on her trial; but one Of vicious, pre-
revenge.
Nv hen a woman wants revenge" said
Spencer, in his clear tones, there's no
stopping her. Murder is nothing" As to
the jury having guilty conscience in case
of conviction, that was nonsense. The
laws Of the land require such verdict on
occasion, and. however unpleasant.
jurors oath bound him to be just. mo
Judge" said counsel. lever sentenced q
man to death without regret 1t was not
a pleasure; it was his duty"
Ferral had spoken of the defendants
two little children. Far better that those
little ones DE removed to other hands than
lie there fondled and caressed by hands
with human blood" 1t was
time now to find out whether there was
any law in California or not. II the law
was wrong. and a murderer ought not to
be executed simply because she was
woman. "why then. let's change the law"
So the only valid plea upon which the
could be acquitted was that of
Insanity, and her whole actions tend to
upset this plea. Her own letters showed
that she tried to chain this man Raddeley
to her side in spite of his evident desire to
get away from her. If any one was insane
were certainly queer. He had evidently
made up a cock-and- bull story TO tell IN
court for the purpose OF shielding his
guilty wife. The shots fired by the de-
PENDANT at Baddeley on former occasion,
who heard those shots? The whole story
sayored Of romance. and counsel asserted
that W0rthingt0n was responsible for the
tale.
And" said counsel, "that story of the
night on which Worthington showed his
bleeding face to his wife? Do you believe
that? No. Who saw those wounds?
Worthington went away on business the
next day without mark of injury on his
face" Spencer went on to say that Worth
ington's whole scheme was. you do the
kllllOp ana i IL 40 Tue swearing.
Spencer talked Tor nearly three hours In
his usual impressive way. He detailed the
of the shooting from his
point of view, and in conclusion asked the
Jurors to put sentiment in their pockets,
and. although with unavoidable regret, aid
the cause of justice by returning verdict
of murder. "Let us have some law, now.
or let US put law away forever. And let
you, gentlemen of the jury. set an exam
Die by showing that woman must no more
commit murder with impunity than man."
Although Spencer did not conclude until
nearly 5 o'clock Judge Seawell did not ad-
journ court. but delivered his charge to the
Jury at once. He explained all the points
of law in the case and recited some in
structions prepared by defendants coun-
sci. Describing al great length the law on
insanity the Judge told tho jury what the
necessary form of its verdict must be. and
after about twenty-five minutes instruc-
ton he sent 1t to deliberate.
1t was 5 :25 o'clock when the jury retired.
and al 10: 25 O'clock 1t was rum0red In the
corridors and courtroom that verdict bad
been reached.
ITS against US, I'm afraid" said Mr.
Ferral.
II think so. too," said Assistant District
Attorney Hinkle.
Judge Seawell came in at 1926 and in a
lew moments Bailiff Clancy ushered In
The jury.