The Leon reporter. (Leon, Iowa) 1887-1930, 1903-10-29
JURY FOUND HIM GUILTY
Judge Parrish Thought him Inno-
cent and Gave Him a New Trial.


Judge Parrish Thought him Inno-
cent and Gave Him a New Trial.
Out at Corning last week Judge r. L.
Parrish had rather strange experience.
After jury had found a man guilty of
larceny and had been called up for SEN
tence the Judge who had all along
thought the fellow innocent, granted
him new trial after hearing his state
ment OF the case, and after overruling
the motion of his attorney for new
trial. In speaking of the case the Corn
ing Free Press says:
Court convened last Wednesday at
the court room, having adjourned to
that date as we announced last week.
Very little business was transacted en-
cept the case against Harry Hilton OH
charge OF stealing goods from the floral
hall at the fair grounds during the
flood, and also Dell Goodwin on the
same charge. The latter entered a plea
OF guilty, and OF course was convicted,
the court pronouncing sentence Thurs
day morning giving him three years in
the penitentiary. Goodwin was before
Judge Parrish at Creston on charge of
horse stealing about year ago, and
escaped through a technicaIity and of
course this case went hard with him.
He was taken to Ft. Madison Thurs
day evening.
Harry Hilton entered plea Of NOT
guilty and was tried before a iury con
sisting of A. G. Harper. G. A. Scott. O.
ID. Bunting, Matthew Bailey, II. ]. Ker-
non, NJ. l.. Schatfroth, Chas. CHAPMAN
foreman), John Angus, Geo. Kinrery.
Ace l.. Antisdel, b. T.. Dillon and 4. Il
Barganholt. The defendant went on
the stand and testified in his own behoIf
and told straight story and made an
excellent witness, while the testimony
OF many of the witnesses for the state
was shaky and discredited. especially
by those familiar with such cases. The
case went to the jury about s. D. m. and
at II o'clock they returned a verdict Of
guilty. At first it is said the Jury stood
to for conviction. The bad feature
against Hilton was the finding of the
goods an his possession. The Court
freely admitted that he did not believe
him guilty and said he usually be-
lieved such persons guilty when they
We're brought before him, but this was
an exception. The splendid witness the
defendant made in his own behalf and
the poor testimony of many of the state
witnesses, and other reasons led him to
believe Hilton innocent. Hilton stated
he had been in the American navy seven
years, was on the Marblehead in Samp-
sons fleet at Santiago and after the war
was employed by the government as a
diver. When court convened Thursday
morning J. W. Bixby, attorney forsde-
fendant,; made motion for new trial.
After short reflection the Court over.
ruled tle motion, but it was plain to BE
seen he wanted to give the defendant
another chance, but the jury had said he
was guilty and he diSliked to override
their decision. He then asked the de-
fendantto stand up and also asked the
customary question if he had any reason
why sentence should not be pronounced.
This was an opportunity for the defend
ant and he made use Of it. His speech
was clear and to the point; he stated he
was not guilty; that he never stole the
goods; that after the flood he had helped
many of the shows and attractions to
the next town by loaning them money,
one as high as $50, very little of which
he ever expected to be paid back; "does
the court think if had stolen the
goods that would have been so free
with my money? ] say no! l would
have kept it to fight this case in event
was arrested After making ether
remarks the defendant took his seat;
the.Court was undecided; the defendant
again addressed the Court; after some
reflection the Court said: sit takes
thirteen men to send a man to the peni-
tentiary; the Court is not satisfied with
the guilt of this defendant and will give
him another chance and will grant the
motion for new trial. This is one of
the few, if not the only case, where a
defendant talked himself into new
trial. Had Hilton said he had nothing
to say he would today be in the peni-
tentiary. We believe the decision of
the Court met general approval.