The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-16
NEVELS IS FOUND GUILTY
Jury Fixes the Crime as TIurder in
the Second Degree.
NEYELS THOUGHT TO BIB ACCESSORY

tfHe Did Not Actually Commit the
CrIme-Chain of Reasoning by
which the Jury Reached the Pecu.
liar Verdict.
Frank Rudolph Novels has at last
been found guilty of the murder of Mrs E.
A. D. Matson in December of 1894. The
formal finding was murder in the second
degree, the penalty for which is impris-
onment at hard labor for a term of not
less than four nor more than twenty
one years.
Novels says he will appeal the case
This was his second trial. The first
one, held year ago, resulted in a hung
jury, the only colored jurymau refusing
10 vote for conviction. There were no
colored men on this jury.
The verdict was returned shortly before
nine o'clock Sunday morning after the
jury had been locked in the jury room
since three o'clock on Saturday after
noon.
Bailiff Coyne notified Judge Hazen,
who went to the court room Immediately
and Novels was sent for. He arrived III
a few minutes accompanied by Jaiier
Larry Sheehan and his attorney, D. c..
Tillotson, and took his seat in his accus-
toned place on the south side of the
lawyers table.
"Genhemen of the jury" said Judge
Hazen, "are you ready to return your
verdict in this case?"
1--WE are," said the foreman and read
the usual brief form.
Novels was very attentive but did not
appear nervous He took the verdict
very coolly without 80 much as a wink
and there was silence for a few seconds
before Judge HaZen dismissed the jury
Then Mr.. Tillotson leaned forward and
he and Novels engaged in a whispered
consultation.
1t was all over and the sleepy looking
jury filed down the stairs and home
ward.
"Well, Novels, what do you think of
the verdict" asked a JOURNAL reporter.
81 think it is an Injustice" replied
Novels. I'll be right here this time next
year fighting them" he continued; 81
don't see how they can get that verdict
on that evidence and after those instruc-
tions by the judge. l am surprised.
can't go to the penitentiary on that
case"
Novels was not even handcuffed, but
walked along quietly back to his cell.
In the afternoon his wife called to see
him and stayed till night. She cried
good deal, and Novels was more than
usually sober. He slept we'll last night,
however, and has not lost his appetite.
The action of the jury is considered
most peculiar by everyone who has heard
anything of the case.
When the jury retired Major A. P
Shreve was elected foreman and the
discussion was Immediately begun.
Every juror was for conviction from the
start
While quick conclusion was reached
in regard to Novels guilt or innocence, it
took them from 4:30 Saturday evening 10
7:3o Sunday morning to agree on the de-
gree of murder. It is said that MP to 2
o'clock Sunday morning five were for
the first degree and seven for the Sec
ond. After that until a final agreement
was reached eight were for second and
four for first.
A juror said that their theory was that
Novels knew too much about the MUIR
der to be an innocent man; that he was
shown to be an accessory by his confess
sions, but that the other evidence was
wholly circumstantiaI and they did not
consider it strong enough to warrant