Omaha daily bee., 1896-11-20
OLIVE HISCOX NOT GUILTY
Jury Determines Her Innocence in a Few
Hours.
CLOSE OF The SELLERS MURDER CASE
Prisoner Gives Little Evidence o1
Emotion During the Trying
scenes Incident to the Re
port Of the Jurors.

TEKAMAH. Neb Nov. Especial Tele-
gramj-The jury in the HiscoS case re-
;urnei verdict Of not guilty al $50 this
evening. after being out but three and one
half hours.
The prisoner took her place In the court
room. as calm as at any time during her
long trial The only sign she gave OF the
strain upon her mind was the paleness Of
her features.
She showed no signs OF animation after
the announcing OF the verdict. until her rel
atives and friends crowded around her.
In the trial today the time was consumed
by Attorney Argo in an argument for The
defense. Attorney ellis FOR the state and
the instructions OF the Judge to the jury.
Argo in his closing remarks paid Judge
Powell 4 handsome compliment in saying
that in all his practice as a criminal lawyer
he had never tried case before a Judge
who vas more fair to both sides than was
Judge Powell
The instructions consisted Of twenty
seven separate counts. and were mostly
upon the law Of the case. The jurors were
advised that IL was their duty 10 Danish
from their mind all passion. prejudice or
sympathy The evidence as 20 the declara-
tions and whereabouts Of Calvin and Grant
Hscox during the day and night Just prior
shown by the state to have any connection
with the defendan: and the jurors we're
instructed 20 give Il no consideration. They
were also instructed not TO consider the
testimony Of Hans Hanson as TO the con-
versation had with the HiscON boys In the
fail az Oakland on the afternoon OF June
>. the conversation being several hours
after the homicide and in the absence OK
the defendant. The court instructed that
the evidence Of acts and declarations of the
1.Fa- E.-. ---Tg No. aTns ~-fH --.A Eaf1
srs prior 20 the homicide should be consii-
cred. II the jury found that she did commit
the crime. for the purpose OF showing
whether she probably acted under such
pr0vocation as might reduce the degree OF
the ofense from murder 70 murder In the
second degree or TO manslauEhter
In the eleventh instruction the Judge told
the Jurors that II they believed Sellers
pointed a revolver at tbs defendant and
threatened 10 take her life and that soon
af-arwsri he followed her into the house
where the shooting took place. that there
he seized her in such a manner as would
naturally and reasonably cause her 20 be-
lieve that she was in immediate and present
danger Of suffering great bodily injury or
OF death then the defendant would be
justified in using such force means or
weapons as she believed necessary. and IL
Il resulted in the death Of Sellers she would
not be guilty of any ofense. In the twelfth
instruction the jurors we're instructed that
II they found that Sellers unlawfully
killed and that the defendant was present
and in arg manner aided or encouraged the
same she is guilty although some other
person may have fred the shot
In the succeeding Instructions the Judge
instructed the Jury as to what constitutes
murder in the first and second degrees and
manslsuEhter. Instructions we're given as
10 how the jury should weigh and consider
the testimony. They were alsc instructed
not 20 discard the testimony Of the defend
ant given in her own behalf. nor we're
they 10 blindly believe Il as wholly true,
but to give it fair consideration in connec-
ton with other evidence in the case.