Evening journal., 1896-11-13
VERDICT OF NOT GUILTY
Hotel Proprietor Woods Walks
Out a Free Man.
JUDGE oUIIBEs CONCISE CHARGE.

" AAN%-NA- C-Nh MlnA hj ECl "A Dlo-
ORDERLY MAN FROM HIS PREM
lSES, HE HAS A LAWFUL RIGHT
TO USE ALL THE FORCE NECEs-
SARY.
The Woods case, the last of the muir
der trials for this adjourned term OF
I oyer and Terminer Court, was ended
to-day, when the jury brought in a
verdict of acquittal. All the jurors
We're discharged from any further at
tendance at this term. Court will re-
convene tomorrow morning TO finish
up a few items of postponed business.
THE HOTEL KEEPERS DEFENCE.
Hearing of testimony for Woods de-
fence was begun in the Court of Oyer
and Terminer yesterday. Attorney
Hayes proceeded TO show that there
was no assault committed on Hannum
the dead man. The man was drunk
and Mr.. Woods had simply tried to get
him in his carriage and get him off the
| place. Hannum struck at Woods sew
eral times, and the latter simply pushed
him aside. Death might have been
caused by his excessive drinking or the
intense heat of that day.
Richard Greenfield swore that in his
| judgment, Hannum was very drunk.
Mrs. Ella Hewitt saw Hannum drunk
and swearing around the stable yard.
| When ordered to get away, Hannum
finally hit Woods and rushed at him to
repeat the dose several times. Woods
kept pushing him away, and the last
time the man staggered and fell over
on his left side. Cross-eXamined, the
witness contradicted states evidence
that Woods had beat Hannum.
Dr. j. p. Pyle swore that in his judg-
ment, as a medical man, alcohol or
heat had great deal to do with the
rupture of the blood vessel, which pro-
duced the fatal hemorrhage. Cross-ex-
amined, he admitted that in that con-
ditiOn a slight blow might have caused
his death. DR.. Pyle was questioned as
to a remark alleged to have been made
by him that he did not want to see
Woods convicted. Counsel for the de-
fence objected, and the question was
ruled out. DR.. William Malcolm partly
corroborated DR.. Pyles opinion as to
the cause of death.
TESTIFIED IN HIS OWN BEHALF.
George c. Woods, the prisoner de-
scribed in his own words the unfortu-
nate occurrence. He said he separated
Hannum and another man who was in
row. Hannum afterwards went out
into the stable yard and began cursing
and swearing. The witness described
how Hannum struck and kicked him.
He came at him again and he pushed
him away Hannum fell to the ground
got up and fell again. Witness then
turned away and went into the bar
room. Afterwards he went to look for
him and found he had been carried into
box stall. Becoming alarmed he sent
for the physician, who pronounced him
dead.
Jesse K Baylis, president Of City
Council; DR.. J. T. " BlocksOm, James
Thomas. Sheriff Gillis. Senator John
Pyle testified to Woods good character.
Before arguing the case Mr.. Cooper
asked the court to charge the jury that
the testimony of the accused and his
relatives must be taken with great
caution, and that the mans condition
had nothing to do with the case. Both
sides addressed the jury.
When court reconvened to-day, after
the roll-call of jurors, Judge Cullen
charged the jury in the case Of George
c. Woods, and the jury retired at 1925
with the hotel prOprietor's fate in their
hands. Nearly every seat in the court
room was occupied by men anxious to
catch every word of the judges charge
in this important case. Judge Cullen
was very careful in addressing the
members of the jury to impress every
sentence upon their minds.
THE CHARGE OF JUDGE CULLEN.
Gentlemen Of the Jury: Georse c.
Woods stands indicted for the crime OF
manslaughter in the killing Of Howard
J. Hannum, on the 18th day Of August,
1896, in this city. The evidence on the
part of the state and in behalf Of the
prisoner having been presented to you
at the bar of this court, it now becomes
our duty to instruct you as to the law
governing this case, which you are to
apply to the evidence and render your
verdict accordingly.
"Manslaughter is the unlawful kill
/ ing Of another without any malice eX-
press or implied. It is Of two kinds.
/ First, voluntary manslaughter, where
/ upon a sudden quarrel, two persons
/ fight, and one of them kills the other
or where a man greatly provokes an
other by some personal violence, etc,
and the other Immediately kills him.
] OktUnus lMNUlUnAuig AAdAnAtNht etN
defined by our present chief justice in
/ the case of the state VS.. John Mora
han. is where one. in committing an
unlawful act tending to great bodily
harm, or in committing a lawful act
without proper caution, or without
requisite skill, unguardedly or unde-
signedly kills another
"a person has a right to put of and
eject from his premises any one who is
acting in a disorderly OF improper
manner. and to effect this he may use
sufficient force TO accomplish this pur.
pose but If he employ more than suf-
icient to attain this end, he becomes a
trespasser alb initio. and would be
liable, as If he were the original
wrong-doer though in the beginning
he was but exercising the right every
one enjoys under the law. If from the
evidence you are satisfied that the
/ prisoner was using only sufficient force
TO remove or eject the deceased, If he
was behaving in a disorderly manner
and disturbing his family, and in the
exercise of such force he only used suf-