The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-01-03

Gent upon the VI NiiaAA~N-
more probable that Re was sane than III
I sane. You must 80 further than that
and although the preponderance OF thS
| testimony may incline you TO the Dehel
I that he was sane 2t the time ne hred
! the fatal shots and even if there Is more
| testimony given to show his sanity lhdh
I his insanity, still, if you have any rea-
/ sonable doubts as to whether he was
sane, the law gives him the beneht OF
that doubt and your verdict must be &C
I cordingly.
IF the jury believes from the evil
| dence that the defendant was laooring
under delusion that it was his duty 10
mankind to commit the deed for the
benefit of mankind and TO prevent the
slaughter of individuals on account OF
the railroad track not being raised and
that he, the defendant, believed in MS
delusion at the time of the killing. they
must acquit him, provided you further
believe from the evidence that at the
time of the shooting of Carter II. Harrl-
son the defendant was under the impulse
of such delusiOn to such an extent that IL
was uncomfortable by overriding the rea-
son and judgment and celebrating the
sense Of right and wrong as TO the act
done and depriving the accused of the
power of choosing between them"
The balance of the charge was on the
points of law and evidence. Twenty
minutes were consumed in delivering the
men. you may retire to consider your
verdict"
The Jury RetIres.
Leaving the court room at 1:27, there
was nothing heard from the jury until
exactly an hour had elapsed. At 2:27
Bailin Busse hurried through the room
toward the door leading to the Jail, and
there was a murmur that a verdict had
been found.
Busse had gone TO notify the jailer
to bring the prisoner into court and two
minutes later the jury filed into the
room and took their places. Judge Bren-
tano came from his room and took his
seat on the bench and simultaneously
the prisoner was led in. As Prendergast
took his seat the judge said:
Have you agreed upon a verdict p
The twelve men bowed assent and sew
eral of them answered, Yes, sir Juror
Jacob Suffer had been chosen foreman,
and he held in his hand a sheet of pa
per.
Hand your verdict to the clerk to be
read said the Judge
Mr.. Suffer walked to where Clerk
Fitzgerald stood beside his desk and
handed him the document
While Mr.. Fitzgerald read in measured
tones the finding of the jury the pris-
oner had focused upon him the eyes of
nearly every person in the room. and
with difficulty he kept from breaking
down. As quickly as the reading was
concluded the bailiffs hurried him away
toward the door leading TO the Jail, but
Attorney Wade made the usual request
that the jury be polled and the judge
called to the officers to bring the pris-
oner back. He was returned TO his seat
and the clerk began the process of poll
ing the jury.
T2ofCra +bo al ir,,,,,,,, ,e.,,t rf ,.r,,r+ NJ.
Wade made the usual application for a
new trial and the judge announced that
he would hear a motion to that effect
at a future date.
His Mother Hears the News.
The mother of the prisoner did not
trust herself TO remain i'm court to hear
the result of the trial. but fingered
around the corridors waiting for the
first news to come from the court room.
When it came. an instant after the YER
dict was rendered she tottered away.
clinging to the bannister for support as
she descended the stairs and struggled
through the excited crowd throneing the
approach to the court room. John Prem
dergast, the prisoners brother. if he
was in the court ROOM left without at
tracing attention. Mr.. Trude and his
associate, Mr.. TODD, were heartily con-
graduated by all who could get near
them Preston Harrison being one of the
first to reach the side of Mr.. Trude.
thanked him fer his efforts.
Prendergast was led away to his cell
in the jail and Bailiff Becker was de-
tailed to stay with him. The prisoner
refused to see anyone.
An Intelligent Jury.
In speaking of the jury after the YER
diet had been found. Judge Brentano
said:
1T was the most intelligent jury that
ever saw. There was not what YOU
might term a cheap man in the lot
Every one Of them was a good repre-
sentative citizen"
The jurymen all expressed themselves
as heartily glad that the long weeks Of
tedious confinement were over. Before
announcing the verdict they had agreed
not 10 make public the scenes in the
jury room while the verdict was under
consideration, and after their dismissal
they positively refused to talk about the
manner in which the prisoners fate was
decided
From a court official it was learned.
however, that the jury was unanimously
in favor of death sentence After the
jury had retired il is said. the charge Of
Judge BrentanO was reread carefully by
the foreman. A general discussion Of
the testimony followed and the Jurors
expressed their individual opinions. par
ticular attention being paid to the testi-
mony of the insanity experts. Then two
ballots were taken The first. TO de-
termine the guilt or innocence of the
prisoner, resulted in a unanimous YER
dict of guilty. The second ballot to de-
termine upon the penalty. and the twelve
men all said hanging" The foreman
then wrote out the verdict il was ap-
proved by the other jurors, and delivered
to the court.
The Prendergast Home.
Everything was desolate tonight at
the home of Mrs. Prendergast, the grey
haired mother of the condemned assas-
sin. The little one story and attic house
on Jane-st. is in an out of the way cor
ner Of the extreme northwestern end
of the city, away out Milwaukee-ave..
near where lamp-pOsts end and the
bare, unbroken prairie stretches away
for miles. 1t is a historic but forlorn
neighbOrhood, dismally suggestive of
another tragic happening that arrested
worldwide attention. Strange as the CO.
incidence may appear. the home of
Prendergast's mother, the house where
the miserable fellows carcass will prob
ably be brought after his execution is
but few squares distant from the