Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-26
Jury in Koskuba Case Does
Not Think That Murder
Was Attempted
ONLY GREAT BODILY INJURY
Out About Four Hours and Return Yer.
dict That Will Only Result in Jail
Sentence at Most-koskuba Happy
No Reference to Suicide Episode in
Arauments-Other Court News.

While Joseph Koskuha, the Ferguson
farmer on trial for assault with intent
to murder William Brande, a neighbour,
does not stand free man, he is today
feeling very happy as the result of the
verdict returned by the jury shortly
before o'clock Tuesday night. Al
most he can receive but Jail sentence
the maximum not to exceed one year
and he stands acquitted of having any
intent of committing willful murder
The jury returned verdict pro-
nouncing Koskuba guilty of assault
with intent to commit great bodily IN
jury. While the jury thought 1T was
returning verdict that would call FOL
penitentiary sentence, such is not
! the case. AS a result the outcome
stands as victory for the defense, as
| the counsel for koslSuba offered to
plead guilty to that charge at the be-
ginning The jury was out about four
hours, and took in the neighborhood OF
twenty ballots before a verdict, salts
factory to all, was reached.
The first ballot taken was on the
question of guilt, and not single dis
senting voice was recorded. The en-
ormity of the crime then came in for
consideration, and the Iinion differed.
Judge Burnham had instructed the jury
to return one of five yerdlcts, providing
the defendant was, in the minds OF the
jury, guilty of any crime. The counts
were assault with intent to commit
murder, assault with intent to COM
init manslaughter, both penitentiary
offenses; assault with intent to COM
NIT great bodily injury, assault and
battery, or simple assault.
The ballot stood for some time seven
for assault with intent to commit great
bodily injury: four for assault with
intent to commit murder, and the other
for assault and battery.
The principal point that seemed to
enter into the case, as shown by the
testimony, was that Koskuba was too
far away from Brande at the time of
the shooting, to kill him if he had
wanted to. The distance was general
ly estimated at ninety yards, and In
the darkness at that, there was but
little danger of a sober man creating
much havoc with shot gun, let alone
gunents nee reference whatever was
made, by either side, to the attempted
suicide episode of Tuesday morning,
when Kosk,iba sought to end his life
by taking q dose Of morphine.
The Gather Case.
Another case for assault with intent
to commit murder was begun today.
Thomas Gather is the defendant, and is
accused of making murderous assault
upon James n. Ellis, bartender in the.
Bierman saloon on North First avenue.
The assault occurred on the morning
of Monday, June /, when Gather. under
the influence of liquor, slashed Ellis
with knife, cutting an ugly cash in
the leg.
The work of securing the Gather jury
was begun this afternoon at 2 o'clock.
The case will be hurried along as rapid
ly as possible, and Judge Burnham may
conclude to hold a night session of
court again tonight.
Saturday Sentence Day.
Judge Durham has fixed Saturday as
sentence day, and the hour will be 8
a. m.
Ball Case Continued.
The case of Owen Ball, for burglary,
has been continued on the defendants
application. New evidence has been Sc
cured by the state, which is to be high
ly Important and of a convicting nature.
The case of Christopher Ritter VS..
the Postal Telegraph and Gable Com
pany, In which damages are sought for
personal injuries, has also been contin-
ed, for want of time.
Soldiers Bounty This Week.
Judge Burnharn will finally dispose
OF the soldiers bounty case this week
as far as he is concerned, which will be,
mainly, to determine the amount of the
attorneys fees
The cases of Higgason VS.. the Mar
shall Oil Company and Paley VS.. Phelps
will also be disposed of this week.
There is some evidence yet to come in
the Higgason case. The Paley Phelps
case will probably be reached Friday.
All OF the business of the October
term Will be finished by Saturday, and
many matters of Importance and in
terest have been disposed of.
Judge Burnham goes to Toledo Mon
cay to convene court, and has busy
week ahead of him, cases being as
signed for each day.