Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1903-01-08
ON TRIAL FOR LEE.
Boy OF Fourteen Years Before Bar Of Justice 81
Opening Of BoreherS Case.

stand charged with the crime, and
Herman the elder, who is alleged &c
have fired the fatal shot, was brought
IN court. Contrary to a common pre-
diction, the securing Of a trial Jury was
quite an easy matter, consuming only
two hours and not exhausting the
regular panel Of twenty-fUur names.
The question asked the jurors by
the prosecution was: "IIaye YOU any
opinion upon the subject Of capital
punishment that would preclude you
from bringing in verdict Of guilty
N case where the punishment would
be death. "
All but three or four OF the TWEEN
ty men examined answered ono. f."
The defense asked in every in
stance: "llave you any opinion as
t. the criminal responsibility of
children under fourteen years OF age
that would prevent you from accept.
ing the instructions Of the court as
the law In this case"
Nearly every man said ono" The
trial jury consists Of August Boett.
cher, John Deegan, j. f. Belfnrd, Il.
i. M ran, II. L. Kunneman, Henri,
Gehrlng, John Pinger, Lucius Hung
ford, L. G. Hogan, Gus Ernst, DAVID
Schupabch, Gus Halgrean.
The boy being a native of Germany
it Is an interesting fact that six Of
the jurors are Germans, three being
lIish, two Americans and ore
Swede.
County Attorney O'Brien, in stat
ing the case to the jury, sketchad
the crime in details as il mas al eady
been published, referring to Herman
as probably over fourteen years old
aud saying that the evidence would
show that the gun used was bought
fOT the specific purpose, with money
TAX from the pocket OF the man
who was to be killed; that the boys
infinitely described the plot and its
execution to the cor0ncr's Jury, and
that the object of the crime was the
possession Of the farm on which they
Lived. He SAID that the third boy,
eight years old, who was not held as
an accomplish will tell the story Of
its perpetration, his story being the
only direct Identification II the foot
and bones found in tile straw stack
as those OF Gerhard BDrchers.
A. M. Post, former chief Justice Of
the supreme court, in making the
staten Mt for the defense confessed
that the facts In this case are so pe-
cuIiar that nothing Of the kind has
ever before come under his oLserva-
tion, and that he had never previous
ly investigated the law applicable
here. He declared that 300 years ago
In England children were put TO
trial convicted and punished FIR cap
ital ofenses the same as adults, hut
In ur land in this day such an ad-
vancement in law has been made
that the burden prt OF rests on the
prosecution to show, not only that
the child has taken life, not only
that there was premeditated malice,
but that 1T had capacity to know and
lid know. not merely the moral re- /
'ponsiblity. as learned at the hresidc /
)r the confessional, but the logical |
OF the act as well.
He asSe, ted that the defense would
lttempt to show that Herman Bnrch-
us, not fourteen years Of age until
lext August, did not, and could not.
r. m the nature Of his home life.
ealize either the moral or the Ieg ii
esponsibiIity under which he acted,
I II Is proven here that lie killed |
iPrhard BOrChers. He described the
tep-father with whom the bows live
lone as man singulaTly moruse,
those finer elements so nee
SSary In the family life, holding no
witt the boys, other
han instruction to do this or that
nd being almost stranger to his
eighDOrS. lie said the boy was taken
rom school at the age or seven and
ince the mothers death had acted
s cook and waSherwuman. He said
the boy is guilty Of any OlIense jt
murder in the secOud degree, m
a led the attention Of the jury to the
act that 4 the boy is convicted the
udge will have no puwer IT, commit
i'm to an industr al school which
an be done with the most favorable
nnditinns for bis ultimate good in
he event Of aCquittal
By agreement Of the ATTORNEYS, the
lTy was allowed To separate under
trict injnnctiOns Of the court not TO
How any one to approach them prl-
ate'y In reference tn the case.
August johnson, unCle OF the bOy.
the only relative or friend showing
nnngh sympathy Tor him to take
Eat within the bar railing. Though
mother uncle and the maternal
tandfather were in the court room.
he latter's wife is sister Of the
lan who was killed, the families
aving intcr-married. George and !
Ohm BoTchers, brothers OF the de-
'ase1, were present, the latter beirg
ccnmpanied by the cight-year-old ,
ny,Juhn, whose testimony tomorrow I
Ill probably be the most intensely
N q