The Leon reporter. (Leon, Iowa) 1887-1930, 1903-04-02
DIETRICH JURY HANGS
After Being Out 81 Hours Without
Reaching Verdict Judge Tow
ner Orders Discharge.

time. Iner6 were Dut lew witnesses and
their testimony was short, the facts of
the killing being admitted by both
sides. The state in presenting its case
simply used the witnesses who were
present at the time OF the accident and
the physician who examined the body
and testified that James p. Wharton
died from the effects Of the gunshot
wound. The state did not make any
claim that the killing was Intentional,
admitting that it was an accident, but
claimed under the law the defendant
was guilty of involuntary manslaughter
in handling the revolver in a careless
manner. The facts in this case are we'll
known to all our readers, the testimony
before the coroner's jury being substan.
TALLY the same as that presented in
court and it was published in full in
TH-r REPoErER at the time. On the
night of June 20lh, 1902, James p.
Wharton, well known travelling cigar
salesman, was instantly killed by bul,
let from a revolver in the hands of L..
z. Detrick. Wharton and four or FIVE
friends Detrick being among the num-
Der, had been sitting at table in Det-
rlck's restaurant eating a lunch and
had been drinking beer Detrick had a
revolver which he had traded for few
days before and had been showing it
and handling it rather carelessly. He
was warned to put the revolver away as
someone might get hurt, and did put it
in his pocket. Just as the party was
breaking up to go home about o'clock
in the morning, and Wharton was aris-
ing from his chair, Detr;ck took the re-
volver from his pocket and as he
was bringing his hand from his pocket
the revolver was discharged and the bull
let struck Wharton lust below the eye,
entering the brain and killing him in
stantly. Detrick was arrested at the
time and held to the grand jury, which
indicted him for manslaughter. The
only testimony introduced by the de.
fense was that of five prominent busi-
ness men who testified as to his good
character, the killing being admitted as
claimed by the state, the attorneys for
the defendant claiming that as it was a
pure accident, with no intent to commit
crime he should not be convicted.
The case was submitted to the jury
about 10:30 O'Clock Thursday morning,
and after being out 81 hours and report
ing there was no prospect of their agree
ing on verdict Judge Towner discharg-
ed the jury and remanded the case for
trial again. The first ballot taken by
the jury was for conviction and for
acquittal, and the last few ballots stood
8 tc in favor of conviction.
AS many people are not familiar with
the law governing the careless handling
of firearms, we publish Judge Towner's
instructions to the jury in this case,
which should serve as warning to all
persons who are in the nabit of carrying
firearms.
CHARGE OF TEE COURT.
asks the conviction of the defendant,
l.. 2. Derrick, upon the charge of man
slaughter, the Indictment IN substance
alleging that said defendant, in Decatur
County, Iowa, on or about the Goth day
of June, 1902, did wilfully, unlawfully
and felonivusly commit an assault in
and upon the body and head of j. T.
Wharton, with deadly weapon, to-wit:
A revolver, then and there held in the
hands of the said l.. z. Detrick, and
loaded and charged with powder and
bullets, and then and there the said
Detrick did wilfully, unlawfully, and
teloniously shoot-oh and discharge the
said deadly weapon at, against, into,
and through the head and body OF the
said j. p. Wharton, thereby wilfully
and teloniously inflicted upon the head
and body of the said J.,P. Wharton a
mortal wound, of which mortal wound
the said Wharton did then and there
die, contrary to law.
10 this cnarge and Indictment the
defendant, l.. T. Detlick, has entered
his plea OF not guilty.
The court inslructs the jury that be-
fore you can convict the defendant OF
the crime charged in the Indictment, the
stats must show and prove that the
defendant did, at and within the County
of Decatur, and State of Iowa, and with
in three years prior to the finding OF
the Indictment In this case, which was
on the 4th day Of September, 1902.
commit the crime of manalaughter, rs
charged in said Indictment.
The court instructs the jury that it is
incumbent upon the state 70 prove every
material allegation of the Indictment a.
therein charged. The law raises nc
presumption against the defendant, and
nothing is to be taken by implication
against him. He is presumed iDnocenl
Of the crime With which he is charged
until proven guilty beyond a reasonable
doubt; and, in order to convict him @
the crime charged In the indictment
every material fact necessary to consti
Z tute such crime must be proven beyond
reasonable doubr; and should 70,
entertain reasonable doubt upon any
single fact or element necessary 70, con
stitute thn crime it is your duty to give