The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-12-13
Court Given Wide Latitude In
Fixing Punishment.
Fate of Defendant Decided by
an All Night Session.
MAY BE APPEALED.
Attorneys Are Undecided About
Further Action.
Effect of the Verdict on the
YOeman Family.


The jury in the YOeman case return
ed a verdict of guilty of manslaughter
in the third degree at o'clock this
morning. The penalty for this offense
is not less than six months in the cOun-
" Jail and not more than three years
in the penitentiary. 1t is left to the dis
erection of the presiding judge to place
the sentence anywhere between these
limits
The case was submitted to the jury
at o'clock last evening, but before en-
tering upon its consideration the jury
was taken to supper by. Bailin Coyne,
returning to the jury room at o'clock
They were all night considering the
case and did not reach their verdict un-
I'll just before s o'clock this morning.
Court did not convene to receive the
verdict until 9 O'Clock.
Mr.. and Mrs. Yoeman and Mrs. H. o.
Jackson. their daughter, remained in
the court room most of the night await
ing the verdict. as Judge Hazen had
told the jury that if they reached a YER
dict before o'clock this morning he
would get up and come to the court
house to receive it.
At 8 o'clock Mrs YOeman went to her
home. accompanied by Mrs. Jackson.
but Mr.. Yoeman stayed at the court
mouse until breakfast time.
When the verdict was returned all
three had returned to the court room.
Mr.. YOeman made no sign of pleasure
or disapprOVal when the verdict was
announced. but both Mrs. YOeman and
her daughter We're diSa aDDOiuted. After
the verdict had been received Mr.. YOe-
man went to the county Jail to await
the action of his attorneys. He was
accompanied by his wife and daughter.
Mrs jackson soon after went home
and Mrs. Yoeman went to the Office Of
the attorneys who conducted the de-
fense.
Ferry &. Doran. Mr.. Yoeman's attor-
neys have not decided what course to
pursue, but it is probable that motion
for a new trial Will be fled.
Mr.. DOran's address to the jury yes
terday lasted from 9:40 o'clock in the
morning until nearly O'Clock in the
afternoon. court adjOurning from u to
1-30 for dinner. At 3 o'clock County
Attorney JetmOre began the closing ar
gument for the state. and he spoke un-
til nearly o'clock, at which time the
case was submitted to the jury.
Mr.JetmoFe accused the attorneys for
the defense of trying to work upon the
sentimentalities Of the jury, and he ap-
pealed to the jury to remember that if
they allowed guilty man to escape
they were encouraging crime.
If Judge Hazen should refuse to grant
Mr.. YOeman new trial the case viii
probably be appealed to the supreme
court
In speaking of the verdict to a State
JOQIIlaL reporter at the county JAIL MI
GOeman said he had confidently expect
ed an acQuitUal-
L was not prepared for the verdict
that was returned. - he said Il had no
idea but I would be acquitted. AS |
look over the case now I am confident
that the jury must have been afraid
that they would hang and be kept to-
gether for a long time, and in order to
escape that they averaged their Opin-
ions and brought in a verdict for next
TO the lowest degree that they could
of the jury believe me innocent. but in
order to escape finding no verdict and
necessitating new trial they cOmpro-
missed on that verdict
1t is not the penalty that care for
1t is the stigma. on my name I am get
ting along in years and it is hard to be
declared guilty of a crime when I am
innocent. For Al years 1 have lived in
Kansas and no man can say a word
against me They brought up here
what might be termed my worst enc
mics to testify against me, and even
they testified TO my good character.
They brought Mr.. NIcWilliams here be
cause many years ago when I was
deputy sheriff 1 had arrested him for
embeZzl lement. The warrant was placed
in my hands and it was my duty as an
officer to serve it. The matter was set
tied and never came to trial c. H.
Cline doesn't like me because helped
to start an opposition hardware store
in Elmdale- Why J. NJ BrOugh should
have been subpOenaed against me can
not imagine. I would just as lief had
him brought up here to testify in my
behalf as any man I knew of. When
ever there was sickness in his family
my wife used to go over there and help
them, and she never charged a cent for
IT, After We moved to EmpOria one of
his daughters ran away from home ard
came to EmpOria. 1 persuaded her To
go home with me and I kept her while
/ telegraphed her father to come after
her He took her home. and she ran
away twice after that and each time
we took her in and kept her until her
father could come after her can not
conceive why Mr.. Brough should say
anything against me unless it is be
cause have always been a temperance
man and opposed to whisky, while he is
whisky man"
When asked if he should apply for a
pardon Mr. YOeman said.
i do not want a pardon. If I should
ask for a pardon it would be acknOwl-
edgtng that I was guilty. 1 have done
nothing to be pardoned for
JACKSON'S BRUTALITY.