Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-23

Jury Convicts the North Carolfnian
q Rape After Being Ont Bat
So 8 Short Time
Aequittal or Conviction Of . Minor
Ofsnse Was Generally II,
pectsd


M The way Of the tranSgressor Is hard
sif he Is compelled TO 80 before q Mar.
shall county jury. FDiiowing the con-
vlction Of John Lamar after a brief trial
and after the jury was out long enough
TO write the word guilty. Z Lee Wood Is
almost as quickly convicted on the more
serious charge OF rape, the maximum
penalty for which is q life sentence at
hard labor.
Wood was indicted for rape on the
person Of Mrs. F. o. Hinecker. the wife
OF farmer near Gilman, for whom
Wood worked. It was claimed that he
entered Mrs. Hinecker's bedroom 1T an
early hour In the morning with shot
gun and threatened to kill her unless she
submitted. The trial was commenced
Thursday afternoon at the conclusion Of
the Lamar case, and was finished just
before noon today. The jury was sent
out and agreed upon a verdict In short
order, then went to dinner and at 2
o'clock reported Its findings in court.
\ The general expectation was that Wood
would either be acquitted or found
guilty OF minor charge.
The evidence in the Wood rape case
was closed this morning and the argu-
ments were concluded before noon.
The testimony was very contradictory;
especially that of the complaining wit
ness, Mrs. F. o. Hinecker, and the de-
PENDANT. Mrs. Hinecker Is modest In
appearance, but gave the, shocking de-
tails Of the crime charged, in such a
bold manner that the impression Gre
ated was not so favorable as that Gre
ated by her personal appearance She
y told at length OF how Wood came te
her room between 4 and 5 O'clock in the
morning, that he made Indecent propos-
ais to her and used foul and threatening
language; that he had secured shot
gun from the kitchen and threatened to
kill her II she did not submit to his de-
sires, and that by threats and force he
accomplished his purpose. A torn dress
of light goods, in which Mrs. Hinecker
said she was sleeping, was exhibited az
s evidence. A physician was called by
the state to testify relative to Mrs.
Hinecker,s condition.
The defendant was placed on the
stand to testify In his own behalf and
in giving the details OF his actions at
the time he stood up and addressed the
jury with intense earnestness, waving
his arms and gesticulating all the while
de was talking. He admitted that he
went to Mrs. Hinecker's room and
asked her if he could lie on the bed
with her. but that his request was re-
fused and that he shook hands with ilei
and left the house. Defendant said he
was not in the woman s room, but sim
ply went to the door. he admitted that
he had been drinking during the night
and that he, with John Plot, slept in
the barn at the Hinecker place ali
night, after having partaken of alcohol
and parched peaches. Wood is North
Carolinian and Is illiterate and the
manner Of giving his testimony was
somewhat amusing. He denied en-
phatically the shotgun story.
Plot was one OF the witnesses for the
defense and he also created consider
able diversion. He is also North
Carolinian and a typical one. Among
the witnesses for the state was Mr.
Hinecker, who testified to finding the
shotgun in his wife's bedroom after he
returned home. Sheriff Shoemaker was
also q witness and gave evidence to the
effect that Wood told him after his ar
rest that he did go into Mrs. Hinecker's
room.
"A maj ority Of the jurymen sitting In
this case were the same that served on
i the Gray trial and was made up as fol-
lows: ]. c. Shelton, Louis Halter j. f
Brand, Albert Drury. G. NJ. sStahl, j. Il
Harrison, G. w. Mccormick, Chris
Reimer. e. 4. Monohon, N. o. Keene
and "A. ID. Summers. rs
MACK TO PLEAD GUILTY.
Henry G. Mack, who was indicted by
the grand Jury for assault with inten,
to kill, was to have been put on tria1
next. but County Attorney Stone agreed
to allow a plea Of guilty to assault with
Intent to do bodily injury to be entered
and this will be done. The maximum
B penalty on this charge is one year in the
county jail. and the minimum penalty
= 10 q heavy fine.
The Mack cnse was the last on the
criminal calendar and the Jury was ex.
cused until Saturday morning. when the
suit OF Nelson against the Iowa Contra
will be called.