Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1900-05-28

to an inclosure to be erected within
the yard Of said jail, and that you then
and there be hanged by the neck un-
til you are dead. = ss s5 s5s
During the passing of sentence there
was no perceptible change in the ex-
preston Of the prisoner. He stood
firmly, and there was no appearance Of
fear or dread. After sentence had
been passed he followed the sheriff
quietly back to his cell. .s t
tSS The jury in the Jenkins murder
case Saturday night returned a verdict
of guilty and sentenced the defendant
in the case, Ira. o. jenkins, to death
for the crime. Under the law Of the
state the jury in murder cases must
fix the penalty for the crime, If the de-
fendant is found guilty Of murder in.
the first degree, either at life impris-
onment or death. This was the mat
ter that delayed the verdict off the
jury. The twelve men agreed that
the defendant was guilty but for a
time could not agree on the punish
.ment to be prescribed for the crime.
One or two of the jurors held out for
several hours for the life Imprisonment
penalty but finally came over to the
majority and the verdict was reached
at a little after seven O'Clock.
81 When Sheriff Bogue was notified
that the jurors had reached verdict
Judge Winchester and the officers Of
the court and attorneys in the. case
were sent for to receive the verdict.
The relatives Of the defendant, his
wife and mother-in- law who have been
in nearly constant attendance on the
trial of the case were also notified and
were in court when the verdict was
rendered. 1t was at a little after s
o'clock when court was convened for
receiving the verdict. The court
room was crowded with spectators who
had heard the rumor that the jury was
about to render its verdict. 5s
The defendant, Ira o. Jenkins, was
brought into court by Sheriff Bogue
and took a seat beside his attorney.
w. =. Cochrane. He was pale, and
somewhat nervous but withal bore
himself with remarkable composure
.consid dering the ordeal through which
he has passed during the trial and
especially in the, hours which elapsed
after the case was given to the jury
before the verdict was reached. The
jury filed in from the jury room and
Clerk; Shelton called the roll Of iur-
ors. There was a serious expression
on the face OF every man in the jury
box that forebode the nature of the
verdict.
I'll After the roll Of the jury had been
called, Judge Winchester asked the
foreman of the jury, Edward Adams,
if the jury had arrived at a verdict.
Mr.. Adams answered in the afirma-
tive. The judge then inquired what
was the verdict, and Mr. Adams rose
and said: Your honor, it is my
painful duty as foreman Of this Jury,
to report, that we have found the de-
fendant in this case, Ira. O. jenkins,
guilty Of the crime OF murder In the
first degree and that we find and fix
the penalty at death.
N The verdict was received amid abso-
lutte silence. .5 K.
The verdict was taken down by
Stenogra pher Tuttle, transcribed, and
read again to the jury. Then it was
handed to Clerk of Court Shelton and
again read to the jury. The members
OF the jury We're asked, in the custom
ary words, If this was their verdict.
They responded afHrmatiyely and thS
verdict was duly recorded.
81 During the rendering Of the verdict,
the prisoner maintained himself with
the same comp posuIe, although II was
evident he was nervous, in the ex-
tre1ne. His brow was covered with
perspiratisn which he wiped away ner-
vously But he gave no sign Of break
ing down, and walked out Of the court
room steadily, pausing while to
speak to his wife and mother law
as he passed them. They appeared
stunned by the verdict and sat silent
until after court had adjourned when
both women broke down and cried.
In the absence of States Attorney
Allen, Attorney Philbrick received the
verdict for the prosecution, Upon
the pronouncing OF the verdict Judge
Winchester stated that he would set
Monday afternoon at o'clock as the
day and hour for passing sentence.
The prisoner was then remanded to
| Jail .5:.8
While a verdict OF guilty was ex-
| pected, there was cOnsidArahle diffa,.