Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-04-10
FIX PENALTY At DEATH
Jury in the Busse Murder Trial
Returns a Verdict of
Guilty.
Prisoner Convicted OF Murder in
First Degree and Death
Penalty Imposed.
Busse Receives the Announce
ment of the Jury's De-
cision in Silence.
necial to Times-Rem,blican.

| Waverly, April 1O.-The jury in the
at midnight, finding the defendant
guilty of murder in the first degree and
fixing the penalty at death. Busse re-
ceived the verdict in silence and went
back to his cell with the same immova-
BILE countenance he has maintained
turnout the trial. But altho the prisons
CT said little or nothing, he was in real
ity crushed by the blow. Busse has
hardly realized his predicament from
the time of his arrest and Imprisonment
and his whole attitude appears to be
that of bewilderment at the utter fail
ure of all his plans. 1t is probable that
his case will be appealed to the SUI
creme court with view to securing a
reversal ard new trial, with the hope of
saving the prisoners neck.
Busse was confident to the last that
he would get light sentence. During
the afternoon he told the sheriff's wife
that he did not expect more than five
years. The jurors were evenly divided
on the first ballot. six for death to six
for life Imprisonment. On the next
three the vote stood 5 to 4 on the fifth
1t was 10 to 2. and on the sixth they
were all united in fixing the penalty at
death.
Interest in the trial was at the high
est pitch when the case was given to
the jury yesterday afternoon. The
courts instructions were fair and i'm.
partial. They required about twenty
minutes to read and in closing Judge
Kelly said:
This case is now submitted to you
for your consideration as jurors and IL
is your duty to give your most careful
attention and to discharge your duty
without hesitation, fear or favor, let the
result be what it may. The good of So
ciety requires that crime shall be sure
ly and promptly punished. No consid-
Grafton Of sympathy or excessive kind
ness shall for a moment swerve or
deter YOU from finding the defendan.
guilty If you are satisfied from the evil
dence beyond a reasonable doubt that
he is guilty. On the other hand YOU
must not be influenced by any feeling
of excitement or prejudice in the COM
munity. III any exists. The vast impor-
lance of society and the attending re-
suit of your deliberations should
prompt you to use careful and impair
tial investigation looking solely and
only to the evidence produced before
you here, actuated by one motive only,
that of doing entire Justice under the
evidence and the law as given you by
the court"
During the closing plea of Attorney
Scales and his terrible arraignment of
the prisoner and the reading of the
judges instructions to the jury Busse
showed TO greater extent the strain
which the trial has been upon him than
at any other time. He was nervous and
Ill at ease and listened intently to every
word uttered by the attorneys, and
more especially to the words of the
Judge as he delivered the instructions
to the jury. In the Judges instructions
can always be found criterion by
which the verdict may at least be
and 1t was In this part of the
that Busse was most in
terested. especially as to the degree of
the crime set forth by the judges in