The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-16
Topeka Young Man Acquitted
of DeYIin Murder.
Jury Out of Room For Only
Eight Minutes.
THANKED BY MOTHER.
She Shakes Hands With the In
diYidual Jurymen.
First Ballot Stood 8 to 3 For
AcquittaI.-

Roy Daniels was found not guilty of
the murder of Frank Devlin by a jury
in the district court. The jury was out
eight minutes. returning with a verdict
just before Z o'clock
When the jury returned Roy Daniels
was sitting in the court room with his
mother and father Mr.. and Mrs. J. F.
Daniels. Daniels was pale and trem-
bling as he awaited the reading of the
verdict by the foreman. When the YER
dict not guilty, was announced he and
his parents were overcome With joy.
Mrs Daniels walked to the jury box
and across the railing shook hands with
each juryman and thanked them all for
the verdict finding her son not guilty
Roy Daniels and his father followed
and shook hands and thanked all the
jurymen.
The case went to the jury at 11:45
O clock. The jury retired to the jury
room and in eight minutes announced
that verdict had been reached. But
two ballots We're taken. The first ball
lot stood to 3 for acquittal. On the
next ballot the three jurors who had
voted for a verdict of guilty changed
their vote and the verdict was unan-
imous for acquittal.
The evidence in the case was closed
tuesday afternoon at o'clock. This
morning was spent in the arguments.
The argument for the defense was op-
ened by r. F. Hayden, who was follow
ed by Galen Nichols for the prosecution
and the argun ents were closed by Otis
Hungate for the defense at 11:45 this
morning.
There was but one witness introduced
by the defense. Roy Daniels took the
stand in his own behalf. The principal
testimony for the prosecution was given
by Luke Heery. Daniels story was es-
sentially the same as that told by
Heery. He said that he told Frank DeV-
lin and Luke Heery to cease the quar-
rel, in which Heery was stabbed by
Deylin. Daniels was behind the bar
preparatory to closing the place, he said
He was breaking some ice with the beer
mallet and stepped round in front of
the bar to separate Heery and Devlin.
He said DeVlin turned and advanced
toward him with two open knives and
lie pushed the beer nallet toward him
to defend himself. Daniels said he and
DeYlin were the best of friends and that
he did not strike him a. heavy blow.
County Attorney Galen Nichols said
after the verdict had been announced:
I did the best could under the cir
cunastdnces. The evidence for the state
against Daniels really exonerated him
of the murder on the grounds of self
defense. The evidence showed clearly
that Devlin started toward Daniels with
two open knives and that he threatened
Daniels. That was after he had stabbed
Luke Heery. Daniels had to strike him
to protect himself
Attorney Richard Hayden, for the de-
tense, said: Il think the state made as
strong a showing as was possible but
the prosecution failed to establish a
case. It was clear to the jury that the
killing was done in Self-defense. The
states witnesses proved that beyond a
doubt. Tt was not shown, to my mind,
that any crime had been committed.
The state used all the witnesses who
at a a ht7
while the defense only put Daniels on
the stand to prove that he was afraid
of Devlin when he advanced toward
him with two open knives.