St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-12-20
LEONARD FREE MAN,
1t Takes the Jury Less Than
Two Hours to Deter
mine 1t.
TOUCHING SCENE IN COURT
When the Young Clerk Is
Surrounded by His Rel
ativeS.
VERDICT IS SATISFACTORY.
Judge Brill at Once Ordered
Leonard's Release From
Custody.

Charles Leonard, the Omaha railroad
clerk. accused of murder in the second
degree for the killing of Charles j.
Luth, has been acquitted. The jury
retired at 4:20 yesterday afternoon and
agreed on verdict of acquittal a few
minutes before 6.
At 5:25 the deputy sheriff appeared
before Judge Brill and announced that
the jury would like to report. He was
instructed to bring them into court, and
after the usual fOrnaities had been
performed and the clerk had gone
through his functions, Charles Leonard
breathed the air OF freedom, and his
wife, his father, his mother, his brother
and hundred friends clustered around
him in the court room and offered their
congratulations. After Judge Brill had
discharged the jury without remarks.
Counsel O'Brien arose and asked if his
client would be released. County At
tOrney Pierce Butler said the prOsecu-
tiOn was entirely willing and the court
so ordered.
Leonard Testifies.
AT the morning session Of court, in
terest centered in the testimony of the
defendant and Albert Nash. his COM
paniOn at the time of the unfortunate
homicide. All day long Samuel Leon
ard. the father of the defendant, sat
closely by the side of his son, while
Leonard's wife and his mo her occupied
seats together directly back of the ac-
cused. Mrs. Luth and her child were
also on hand. as was the usual number
OF railroad employees.
Leonard's testimony was, in sub
stance, as follows:
II am married and have two children
and AIN twenty-eight years old. am
stenOgrapher and clerk in office of di-
vision superintendent of Eastern diviS-
ION of Omaha road. l have been in en-
pIoy of the road since 1888. During the
strike | assisted in outside work, as
fireman, switehman and in guarding
passenger trains from the interference
of outside parties. Some of the clerks
were out OF work on account Of the
strike. My services were voluntary.
There was no direct request for that
request was implied. Sunday July l.,
| went on Train No. A as a fireman
l did switching on freight trains. and
helped guarding trains, and was often
up late in the morning dong the out
side work and the office work. For the
most part | was at work outside. and
continued in the work until the 14th.
can't say that stones were ever thrown
at me. One day | went to dinner on
Payne avenue with friend. l had my
working clothes on and the girl at the
house asked me if l was what they
called 'scab.'"
On objection, witness was restrained
from giving testimony relating to the
conversation.
MIR. O'Brien asked Leonard if he re-
ceived
Anything TO Eat.
to which Mr.. Butler objected. contend
ing that it was immaterial whether the
girl gave him something TO eat.
LeOnard'S attorney replied with sar-
caSm, stating that ''if the authorities
during the strike had exercised the
same degree of care in preventing dis
order as they do now in making OBJ
lection, this tragedy might not have
happened"
The court allowe ed the question to be
put, and witness stated he got nothing
TO eat.
LAS came out on the porch" de-
fendant continued, "I saw it was full of
men. and one of them questioned me
closely, asking my name, where | lived
and what work | was doing. lie dis.
cuSsed the rights of the situation. He
was a switchman named McCardv. |
had had the revolver since 1887. | had
a policeman'S commission because |
knew it was not lawful to carry con-
cealed weapons, and | did not want it
taken away. Saturday took the names
of some of the men to get them places
to stay over Sunday. l met Mr.. Nc
of Third and Sibley. There l saw two
men, one of them in his shirt sleeves.
/ think he was man L had often met
before. | took him for a switchman GO
ing home with his dinner bucket.
did not know Luth. Afterwards, on
Sunday. concluded the man was Luth.
The proprietor refused TO take our men.
The two men in there could have heard
the talk had they been listening. The
proprietor said it was too much trouble
to get his pay. Nash came in aud we
walked along to the Hanson place.
Nash asked her 10 take the men, and
she SalQ yes, Out sue WOulQ nave To
have q half hour to peel some potatoes.
| think l told her that she would get
her pay. and while l was writing Mr..
McCabe's name on card Luth came
in."
"Luth," he then said, "walked over
to Mrs. Hanson, took her arm and re-
marked:
"'Don't pay any attention to these
men,
They Are ScRbs.,
"Mrs. Hanson replied she was Door
widow and must look out for herself.
Nash then said deputies would be on
hand to look after men, and l told her
she would receive pay quicker from the
railroad company than from some men.
| saw an arm rise and saw Nash dis
appear. lie turned to me with his up-
raised arm; he was scarcely within
shooting distance: | instinctively took
my pocket and called, Look out.2 and
he was onto me. He seized me by the
wrist and 1 held my right arm up and
shot. Thought that would stop him,
but it it did not. His clothing caught
in the trigger, and l thought | was
In q fine situation. l pulled the
trigger, and the revolver was dis
charged. Ipulled again, and it was dis
charged again. He did not stop his
struggles until the third shot. | did not
intend to kill him at the first shot, but
after the first shot l concluded that |
must use all my bullets and kill him If
IL