The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-16
Extraordinary Verdict i'm the
Gun-Trap killing Case.
AcouiTTAL WAS LOOKED FOR.
A Boy Killed by Falling Tree While
Saving His Sister.
Large Atseadasee as the Fruit Grswers'
Conventfen-smaggi Daabar He.
leased Peadsag AppeAi-rhe otter
foaeher Asexanaer coadsmned.

trial IN the state of Washington for the
killing of man by the discharge Of gun
set within . building for the ossens4sis
protection of property has ended IN ver-
dict OF murder in the second degree. and
an important precedent in criminal ac-
TORS may be said 10 have been estab-
iishes, whatever NAV be the result Of the
appeal which will be taken 10 the supreme
court. Shortly after O'Clock last night
the case of the State VS.. Newell :, Barr
was given TO the jury. IL had been clearly
proven that Barr, who resided in a small
cabin on the west bank OF Sgaalieum
creek, near the city limits and about
mile from the courthouse. had. prior 20
setting out upon hunt early in Decem-
ber last. so fixed heaviiy-loadrd gan
within the cabin that any attempt TO
forcibiv open the door thereof would re-
sulE in its discharge and almost certain
death OF the trespasser. No effort was
made to prove that Barr did not set the
gun. His counsel. in tho examina-
ton OF witnesses and in has argu-
ment upon the facts and the Law
before the cour; and the jury con-
tended that his client had both
legal and q moral right to take such
means to protect his domiciie from entry
during his absence. and the personal ef-
fects within from molsstation. notice OF
this intention on his part having been
given to several individuals prior 20 his
departure. aud warning. so-calied, hav-
ing been posted upon the door. This
warning vas the work danger" written
in pencil upon q small piece of folded
white paper. about one inch in width aud
four in length. which young Pixiey. boy
of IL. Bars companion. testified that he
fastened to the door with single tack.
pressed into the rough FIR board with his
thumb. Two witnesses for the state swore
positively that this notice WAS not there
upon the day of tho killing. but no effort
was made to prove that ii was not posted
as stated. aud found twensy-three days
after the killing by the sister OF the de-
fendant and his wife.
Judge Winn In his instructions 20 the
Jury charged that H the jury believed that
the defendant had set the gun maliciously
and premeditatediy, with intent to kill
any person who might seek entrance for
shelter, they must find the defendant
guilty of murder In the first degree: that
the defendant had the same right to set
the gun In his absence as If he had been
present and that tho attack upon the
cabin mast have been of such character
as to justify the killing Of the trespasser
by the defendant If he had been within
the cabin at the time. other wise he should
be held criminaIiy responsible. The court
defined burglary. charged that the dan
ger" notice should be taken into consider
alton, as well as the defendants previous
reputation as peaceable and law-abiding
citizen, the credibility of his witnesses.
aud further that the burden of proof
rested upon the state and that the charges
must be deemed TO have been proven
beyond q reasonable doubt in order
to justify verdict Of guilty in any degree.
The defense excepted in general To the
courts refusal to instruct on thirty
charges submitted. and particularly ex-
cepied 10 the instruction that under the
indictment the defendant might be found
guilty of either OF the three degrees of
murder; that under the code of this state
malice mag be implied. that man has no
mere right TO set q gun during his absence
than he would have II at home, aud that 4.
is q wise provision of Law which permits a
Justice of the peace to commit an impor-
tant witness to jail TO insure his appear
ance if he Ia unknown and unable 10 fur
nish bonds. as in the case of Nels Andcr-
son. the companion Of Erickson and only
eye-witness to the killing.
The jury agreed upon verdict about
10 30 last night. bat IL was not announced
in court until 10 o'clock this morni q.
The court room was crowded, and In the
midst of profound hush the verdict was
read. finding the defendan. guilty Of
murder in the second degree" The result
was a surprise to nearly all present aud a
terrible blow to Barr and his friends. who.
throughout the trial. appeared confident
of his acquittal. II Is the general opinion
that the strong summing up OF the case by
County Attorney Newman and his power
full argument upon the facts and the law and
the Importance Of the decision upon the
future welfare of the state aud county had
much 10 do with the verdict. Few, II any.
expected any grayer finding than that Of
manslaughter. and a disagreement or ac-
aai,tal would have occasioned little or ma
surprise. An appeal will be taken 10 the
supreme court. Bars counsel this after
noon iiIed motion for = new trial on all
the alleged grounds permissible under the
statute. and were granted until March 1 10
fEc afhdayifs in kIDEorf.