The record-union., 1896-03-19
JACK BERRY Was In LUCK
Treated L6nientIy for His Shooting at
Maud M0thTol.
1t Was Possible. However, That Jury
Would Not Have Convicted
Him on the Charge.

John Berry, the young man who a
couple of months ago shot at young
girl named Maud Methven at her home
on Eighth street, was in Judge Hlnk-
sens court yesterday for trial on
charge Of assault to murder.
District Attorney Ryan, addressing
the court, said he had consented to al
lew the defendant to withdraw his plea
of not guilty and enter one of guilty to
simple assault. He then stated to the
court the facts in the case.
Young Berry had become somewhat
enamored of Miss Methven, though not
personally acquainted with her. He was
youth of rather weak mind, and was
given to over-indulgence in liquor. He
had received a letter signed Maud,
which someone sent him, and believing
1t came from Miss Methven, he called
at her home on the evening of January
both and requested of her mother an in
teryiew with her. Mrs. Methven de-
MED the request, the interview taking
place in the doorway of her residence.
While Berry was persistipg in his re-
quest for an interview with Miss Meth
ven, the latter approached the door, and
OF seeing her Berry raised a pistol
which he held in his hand and fired
a shot into the room, presumably at
the girl He then made movement as
If to shoot himself, but did not Neigh
bors had by this time been attracted
by the report of the pistol, and Berry
laid the weapon on the fence, where it
was recovered by Mrs. Methven. He
was subsequently arrested and was
found to be considerably under the in
fiuence of liquor
The defense, said Mr.. Ryan, would
be temporary insanity, and from his
investigation of the defendants char
acter and conduct he believed it would
be impossible to convince a jury, be-
yond a reasonable doubt, that Berry
was responsible for his act at the time
of the shooting. The term for which
he could be sent to Jail under the plea
he desired to make would, said the
District Attorney, be sufficient to de-
termine whether or not he would be a
safe person to be at large. Mrs. Meth
ven and her daughter had no desire to
see Berry severely punished, knowing
that he was acting under excitement
caused by the contents of the letter
which he supposed the young lady had
written to him, and increased by over
indulgence in liquor.
In my opinion" concluded Mr.. Ryan,
''the ends of justice will be sufficiently
subserved by allowing the defendant
to plead guilty to simple assault and to
be imprisoned therefor in the County
JAIL
At Judge Hinkson's request, General
A. L. Hart, Berry's counsel, also made
a statement concerning the defendant.
He spoke of Berry as a youth of weak
character, and one who was addicted
to drink TO some extent, though a very
small quantity was sufficient to serious
~ affect him. General Hart added that
he was satisfied Berry had no distinct
recollection of what he did on the even
ing of the shooting, and he anticipated
no difficulty in securing his acquittal
before a jury.
In conclusion General Hart said he
believed Berry should be punished to
some extent, and such judgment as the
court could pass upon him, under the
plea of simple assault, would have the
effect of preventing him from indulg
ing in drink for some time to come, and
determine whether or not he is really
a responsible person.
Judge Hinkson then stated that he
had consulted with the District At
torney, Mrs Methven and daughter,
and the defendants counsel in regard
to the case, and that he would not con-
sent to Berry's changing his plea as
desired except with the consent of Mrs.
Methven and daughter
The court asked them If it was their
wish that the defendant be allowed to
change his plea, and they said it was.
Berry was then asked by the court if
he would promise to live a life of sobri-
ETY. and to refrain from further an
noying Miss Methven. On his promise
in the affirmative, an order was made
that his plea of guilty Of assault be en-
tered He will be sentenced on Satur-
day.