St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-10
JOE WAS FOUND GUILTY
or MURDER. AVID TIE DEGREE IS
FIXED As THE SECOND.
PATHETIC SCENE IN COURT.

Heartbroken Over the Verdict
Joe Says It Is AL Wrong
The Jury Came in at 4:4o-
Mr.. Penney Asks for a Thirty.
Day Stay.
ice White was found guilty yesterday
afternoon. The jury brought In YER
dict Of guilty Of murder i'll the second
degree, and there were no recommends.
tiOns. Thus the second of the burg
larioaS and murderOus trio who invaded
the bed chamber of James Il. Harris,
On the night of June Is. 1898. ami shot
him, has been brought under ths ban of
be forfeit to the state. White will
undoubtedly DO seat to Saltwater for
life. Such was the sentence of "Slim"
Dugan. Together these two will do
penancc for their crimes, each aware OF
the others guilt and with bond of fell
lew feeling and misery between them.
The jury retired at 1880, and deputy
sheriff escorted them to dinner. AT
about 1880 they returned and were
AoShCd All thC kOOln thut vi Tic
main court room. There was large
crowd present all the time the Jury was
out. Joe White and his family we're at
the county Jail. At 4:3O there was a
loud knock on the DIOR of the jury
room. A deputy sheriff went inside,
and in another moment returned with
the news that an agreement had been
arrived at and that the judge must be
summoned. Ten minutes later Judge
Russell was on his bench, Joe White
was in his old chair, aud his mother,
pretty little sister and sinister-looking
brother sat beside him. FIRST Mr.. Pen
ney came IN, and then Mr.. WEIGH took.
his seat. They were nervous and anX-
ious. Joe sat white and quiet. watching
the door of the jury room. His teeth
were set, but otherwise he evlnced no
signs of feeling.
When the verdict of ''guilty Of MUIR
der in the second degree" was read by
Clerk Royce there was breathless
stiffness in the room. The beating of
the rain against the windows could be
plainly heard. 1t beat in rythlnic uni
son with the palpitating of Joe Whites
heart The stiffness was broken by
Mrs. Elms. who sank back in her chair
with cry. 1t was sharp aud full of
pain. as though the woman's heart
strings had snapped. She threw her
arms about her convicted sons neck,
and with her head on his shoulder
sobbed Historically. Pretty Miss White
kept up a brave front for few m o.
meuts. She appeared scarcely to real.
ize what had happened. Then the little
woman rose from her seat and looked
straight at the judge. Joe put his
hands on her shoulder and sue sank
back and burst out sobbing.
''Oh. Joe! my Joe!' is what she said,
and then murmuring something inco-
herent and unintelligible buried her
face in her handkerchief aud remained
in that position until the court room had
been cleared.
A bailiff and policeman took Joe
back to his cell IN the Jail. He was as
calm as though he were going to a
church meeting. The only remark he
made while being marched through the
rain to the Jail was:
tits all wrong; it's all wrong. am
innocent"
The crowd that had been waiting in
the court room for verdict, and when,
after they were ordered to leave,
watched at the foot OF the stairs and ON
the sidewalks for the prisoner to be
brought down, stood: inf the. rain and
gaped like SO many imbecileS. There
were women III the crowd; also girls.
They were willing to have their hair
and feathers soaked for the pleasure of
satisfying morbid curiosity. Attorney
Penney, when the verdict was an
fnounced, asked for continuance OF
thirty days and that sentence be de-
ferred until the end of that period. He
desired 10 present arguments for new
trial, and having great deal of civil
business on hand it would be impossi-
bic to get ready before. 1t was finally
decided to discuss the matter this morn
ing when court eonvenes at Its usual
time. Messrs. Penney and WEIGH will
then make an effort to secure a new
tr al, but it is unlikely it will be grant
ed. Neither of these gentlemen ex-
pected the verdict would lie guilty"
MIR. Penney stated Just before the jury
came III that he hoped and expected
there would be disagreement.
The one thing upon which the defense
were basing their hopes Of freeing their
man, to a great degree, was the alibi
presented through Mrs. White, her chill
dren Harry and Nellie, aud Charles
Herrick, who swore with the White
family that Joe White was at home on
the night OF the Harris murder. De-
tective Charles j. Won Arnold conceived
a plan by which the state might put in
counter evidence. After two and one
halt months hard work Mr.. Won Arnold
succeeded in finding Mrs. Herrlck, wife
of Charles Herrick. i'll Grand Rapids.
Mich, and through his efforts alone she
story of that night, which she
did. denying her husbands state
ments and those of the three Whites
i'll regard to the occurrences of that
evening. There is no doubt but Mrs.
Herrick's evidence is what clinched the
chain that was woven about White. Her
evidence was in direct rebuttal of that
OF the entire White family relative to
the night of the murder. Had she not
been found, 1t is matterof doubt what
the verdict would have been.
1t is conceded on all hands that the
defense Of Joe was better and stronger
than in the case of Dugan. Messrs.
Penney and WEIGH deserve great deal
of credit for their hard, conscientious
and clever WORK. MIR. Penney made tile
etuAASoo ~ wv Jul ySoICAudy Hol 1lluS.
1t was an able exposition of the evidence
in the case. and splendid appeal for
justice to his client. In referring to the
testimony of Mrs. Harris, he said:
Why do the Harris family follow
this Case SO persistentIy? l hate to refer
to it, but / think Mrs. Harris has got
the notion in her mind that White and
Dugan are guilty, and she is leaving no
stone unturned to yindicate the death
of her husband She knew there were
burglars in the house after they shot
her husband. She Kept thinking and
wondering what it meant and didn't re-
allze until tue last. That is her testl-
mony. After they fired the shot and
ran away, then it flashed upon her that
| they were there for different purpose.
Do you think. if two burglars had got
into the house and flashed a dark lam
tern into your wife's face, that she
| would have laughed? Indeed che