The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-10-30
jury Forced to Agree in Peter
Nugent's Case.
Found Prisoner Guilty Of
Fourth Degree Manslaughter.
FATE WITH THE JUDGE
Defendant Tried for Killing Of
ficer Frank L. Stone.
Was Originally Charged With
First Degree Murder.

Kansas City. Kas., Oct. 29-Peter MI
gent, who was charged with the killing
Of Police Officer Frank L. Stone in
Kansas City, Kas., August II, was yes
terday found guilty of nanslausE hter in
the fourth degree by. jury in tie COM
mon pleas court. The jury returned its
verdict few minutes before O'Clock
yesterday afternoon. The verdict of the
jury was:
I'VE the jury, find the defendant,
Peter NGgent, guilty of manslaughtef
in the fourth degree by having unlaw-
fully and felOniOusly, iflVoluntarily shot
and killed one Frank l. Stone. with a
weapon, and by means neither cruel nor
unusual, as charged in the informa-
ton"
The verdict was a disappointment to
the attorneys for the state. When the
verdict was read Attorney John A Hale.
who had been employed as special
counsel by the Kansas City. kas., po-
lice department. addressed the court.
Your honor" he said, from the word
ing of the verdict it seems to me that
they have found for manslaughter in
the third degree
Judge Holt. Then addressing Warren
and Monohan, attorneys Tor the defend
ant the judge said:
Have you anything to say gentle
men?'
Nj; Warren asked that the jury be
polled. Each juror said that the verdict
excused.
Peter Nugent had hoped for acquittai
but the jury's action III giving him the
smallest possible punishment was sat
isfactory. He viii not. in all proba-
bility, ask, for a new trial. The judge
OF the court imposes the sentence in
Kansas and Judge Holt, by provisions
Of the statutes can send NuRent to the
penitentiary for a term of two years,
or he can give him a sentence in the
county Jail for six months Six months
is the lowest possible sentence. Judge
Holt will sentence the prisoner next
Saturday.
The statutes provide that anyone be-
tween the ages of 16 and &c years can
be sentenced to a term in the state in
dustrial school. Nugent is II years old
and it is within the power of the court
to send him to the state reformatOry.
The statutes provide that a prisoner so
sentenced, cannot be kept in the re-
formatory for a longer time than the
tiary sentence. The prisoner, however
can be released from the reformatory at
any time, provided the superintendent
of that institution orders it.
The jury in the Nugent case has been
celebrating since last Monday morn
ing. On the first ballot four stood fol
acquittal, eight for conviction Ballot
after ballot wse5taEeA Finally through
verdict of guilty on the first ballot
voted for rnanslaughter in the, third de-
gree. On this ballot two voted for ac-
quittal and two for manslaughter III the
fourth degree. A verdict was agreed
upon by the two favoring acquittaI
voting for manslaughter in the fourth
degree.
Last Monday. when the deliberations Of
the jury We're heard by others, there
seemed to be no possible chance for a
verdict. The members seemed determined
to stand by their original decisions and
frequently harsh words We're passed Tues
day afternoon the jury reported to Judge
Holt that it did not believe that verdict
could be agreed 1EpOn but Judge Holt orr
dered the men ha elk to court Nv Wednesday.
An day Yesterday the windows in the jury
room were closed tight. Some of the