Bridgeton pioneer., 1894-05-31
CUMBERLAND COURTS.
u,S rEUHL CONVICTED OF
mURDER IN THE SECOND
DEGREE.


MURDER IN THE sECOND
DEGREE.
v;s Grown Four Times Con-
victed Of Participating IN
Robberies. Clarence kerFfns
Gn,I,y of selling Liquor H.
legally.
The Jury in the Feihl case went out
Wednesday at 4.sO o'clock, p. M, and
before :. 80 it had agreed upon YER
a,ot. at 7.45 o'clock it had returned
,nto Court and rendered a verdict that
tive found the prisoner guilty OF
mnrder in the second degree"
The verdict itself was not a surprise,
,or az had been indicated In the PIoN-
EER, such verdict was to nave oeen
expected.
Tbe evidence against Feihl was
moot positive and conclusive; the
1udce,s charge was explicit and direct
for verdict of murder in the first de-
GREE. but, calling the Jury back after
ba h had sent them out, he. no doubt,
modified the impression he had ma 1e
rnon the minds of the Jurors by say
ino to them 'Gentlemen, I just want
to say that, If you find a verdict you
must fix the degree. I. say If you lind
a verdict, you must fix degree"
The Jury is not to be critized. The
defense was very shrewd In challeng-
inp such men as we're sure to be pos
sessed of some principles of judgment,
and accepting such men aswould ap-
parently be Influenced by mawkish
sentimentality, against assuming re-
sponsibinty of causing a violent
death to fellow man. There was
not a man on the Jury but who was
thoroughly convinced that Feihl was
the guilty man, who was responsible
for the death of Christian Zaiss, not
one of them, and though eleven of
them had no conscientious scruples
against capital punishment, yet 1t was
horrible thing for them to put them
selves In the attitude to say to Fiehl
'you did this murder, and you shall
hang for it," 1t was easier for them
to say you did this murder, but you
did it In the second degree"
The jury had reached its verdict q
full hour before 1t came into Court.
The jury took five ballots; the first
one was for second degree and 4 for
first degree, the second the same; the
third was 10 for second degree and 2
for first degree; these two were un-
sweving in their opinion and judgment
for murder in the first degree, but they
saw that their holding out would re-
suit in a disagreement of the jury and
consequent new trial and great ex-
pense to the county, so, on the fifth
ballot they voted with the other 10
making the verdict unanimous.
At a quarter to s o'clock the jury
filed into the Court room; Judge Reed
and Judge Hoagland were on the
bench; the jury was polled by Deputy
Ogden who said 'dentlemen have you
agreed upon your verdict?"
I'VE haven was answered.
"Who speaks for your asked the
Deputy.
"Our foreman" was answered.
How say you guilty or not guilty?"
asked the Deputy.
I'VE find the prisoner guilty of MUIR
der In the second degree" was the an
sWer OF the foreman.
Judge Reed discharged the jury un-
I'll ten O'Clock this morning and Or
oered Feihl, who had been brought In
before the jury entered, to be removed
to the jail.
WEDNESDAY AFTERNOON.
Lawyer Berault made most impas-
sloned address before the Jury in the
felhl case when Court convened In the
afternoon. He did not establish any
new facts, but his argument, for the
most part labored one, ran upon the
'neory of the entire innocence of Feihl,
even extending to such length as to
assert that Feihl was not even the
burglar at Yerkes' bakery.
Mr. Berault was often very extra
Vagent In his expressions and state
ments. Like Mr.. Tuller. he made q
Stropg effort to discredit the States
eviaence, and to inculpate Louis
ofotner and sister-in-law In the rob-
berry.
During the delivery of his address,
pelnl,never removed his eyes from Mr..
IN closing Mr.. Berault made a thrill
-ps appeal to the sympathy of the
Jurors saying that 1t were better for
athousand guilty ones to 90 free. than