The evening world., 1904-02-18
Declares She Did Not Know
What She Was Doing When
She Agreed to Stand for Man.
slaughter in the First Degree.
WOULD RATHER TAKE
CHANCE WITH THE JURY
Decent Blame Her Counsel for
Snatching Her from Electric
Chair, but Says She Wouldn't
Do II II Tease Were Open Again

III ka0A 49, - $1,000 f'-NI 49,
plea I did. I would rather have a life
Ientence hanging over me than this
Such was the statement mad to-day
hy Mrs. Della Lupp to a reporter for
The Evening World. was talking
about the surprise OF yesterday. when
Justice. Kenehsk accepted her plea OF
m~anslaughter In the first degree ever
while the jury was out considering the
evidence that had been brought against
fhar at her trial for the murder of her
husband on Nov. 3 last. This plea OF
0frs. Lupo's was made only a few min
utes before the Jury came in with its
verdict Of murder in the second degree.
and by Il she saved herself from a life
term In prison.
The plea was a surprise TO the twelve
Jurors. They had had no suspicion
that any other thar their verdict would
be- accepted by the Court. 1t was re-
garded. - victory for Charles lie
Barber. who defended Mrs. Lupo, and
: seemed to satisfy Assistant District
Attorney Ely. who prosecuted the case.
BY some lawyers It was said that the
unusual proceeding was not good law.
But others cited an amendment TO Sec
ton 81 OF the Penal Code in 1890 which
permitted n prisoner to make a plea OF
murder in the second degree where
murder In the FIRST dgreo 10 charged. ON
Z this ground yesterdays action is said
TO h. justified. But is said TO be the
only instance where a prisoner has been
permitted to change a plea after the
: ease hai gone 10 the jury.
II Al. first Mrs. Lupo laemed relieved
/, from n dreadful strain. She had sat
through several days OF hard trial. and
the electric chair or life imprisonment
stared her in the face. 1t was while in
this mood that she was advised to
make . plea OF manslaughter in the
first degree. and did so. 1t was to es-
cape with the lightest punis sment pos
able she so acted.
But in the calm that comes after a
good sleep she held an entirely diner
emily view this morning. She Thought
she a made a mistake.
self-POssession stiIl There. D
Rising and dressing at 10 o'clock Mrs.
Lupo came down from her cell In the
TDmbs and freely teNied about her case
and is sensational Use. Her self-pos-
trial. was stu evident. She talked in
. low voice and never for n
atecred like q woman with a twenty
years prison sentence before her. For
- az 'AAAN $50 eoNhNp
NO. / do not know what It all
means. she seid. mInis sudden plea |
an still innocent; still Innocent. But.
world win believe me guilty,
III i had II to do over again. III
everything were stated to me calmly,
n when was in a condition to realize
VIVA l.was doing. 1 would say no TO
N suggestion that l confess myself
MI .Ra.ll
tence M tho chance TO appeal than TO
have the sentence that win now come
Mind you. ! do not blame Mr.. LIE
only state that / wou let no one
inlueitce me II l were again placed in
~ similar position.
The Trial n disappointment.
- 1.-THE whole trial has been a disap-
pointment to me SO far as the evidence
vent, MT. lie Barber was not permit
> tea 20 bring out certain things necessary
70 defend me. Mr.. Ely was always
ready With an objec ton. He took every
adyaptase OF me he possibly could.
49, neaS were nss people who could
were subpoenaed and 1 lost their ser
vice.. They could rave told much that
s.onld have given the jury a different
Wow OF my case.
Then I was sorely disappointed in
sne jury. selected them myseif be-
cause they were married men ana 7
DECENTRALIZATION tea' t tssg I'd Q %n have more
mn; HaSsas wives Of their. "
s.1Sveuetnt ,tney would better understand
hey wes To1 nSt ssy. But i seems that
hhnnenoed against me. I believe, Nv
: oMn wives. For you know women
ara woman's worst enemies"
she Will be Good I'm Prison,
49, no use to talk about all this
n.M. tnough. / have made my plea and
Iusa ABIDE by II. ] shall be an exem-
Icy prisoner and thus make my term
Sr,shs2 LII a. ! can. / will come out OF
will he 70 live for my children alone"
about that 'red-haired' woman
,,nnfssdf ngured so prominently in your
"oh. she wasn't much. She wasn't
pretty She was indeed very ugly : She
nad no h~gure-didn't know how 10 dress
,1ic taG IL she was nothing but a broom
Mrs. Lupo spoke sharply. and her
Nack eyes snapped as she spoke Of the
momnan she said had ruined her own
I, cynical half-shrewd smile that faIla5
10 have the least effect on the jury. and
went back to her cell. ~
Justice KeneHck'a Statement.
Jlstiee keneNck said to-day that I'M,
ner section 4ss. sub division 3. OF Tho
sgode of Criminal Procedure lie had a
perfect right to accept the plea otfered
by Mrs. Lupo. ~
"fhe jury had been out from three tc
y, scir hours" Justice Kenefck said, 'and
] assumed that they had not agreed.
81 called this to the attention of MIR, IL
8nrbier and Assistant observation-disclosures
Ely and discussed the matter. Mr., IL
Barber suggested that IL the District,
Attorney agreed he would interpose q
eleaspf mafislaughter In theifrst degree
.Mr.sFly said he would wait to see 4
euch > plea were made.
Mr.. Barber then consulted his client
sent for Mrs. Lupo and put the co $,
81 her. polnting ont THAI the jury were
sfil celebrating upon her case. Sh,
stated she understood and was wiliinI
% accept her counseis advice. The Jury
aBre absent at this time.
.Mr, Ely said he was willing TO accepI
tho plea. ] said ] would consent, sub
feci 10. the District-Altorney's accept
#hc9 Of the DleaseT thten sent for IN,
jury Nj. .LA Barbier made the motion
4or thAlr discharge. The plea was mad
that be be permitted to withdraw
juror and hat the Jury be discharged
IhI6 4aa done and then the case va
z0.o41M lo4 = wal