The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1904-11-18

witness That hers was not the wicked.
depraved and malignant heart that had
conceived ana carried out such u
crime.
There MAS no necessity 10 say more
to any enlightened body of men. He
had pointed OUT the gross Improbable
ity. he might add. the utter impossi-
bility of such a decd being done by
such a woman: the lack of evidence
to support so serious an accusation:
the inadequacy of motive on her part;
ana he would ask the jury, as men Of
Judgment and as lovers of justice to
return n verdict which would free his
suffering lady from the Inconvenience.
the humiliations. and the foul sus-
picions of which unhappy cireumstan-
ces had made her the victim.
George Cogis sat down AT the conclu-
sion ot his speech With a sense OF satiS-
faction at having done his best for his
client. bu likewise With the knowledge
that his case MAS weak and his argu-
ment nconciusive. Al the request of
a iurylnan, the maid was recalled and
questioned regarding the voices she had
heard on the night of the tragedy, but
she merely repeated what she had al
ready stated, n no further light on
the deed Was forthcoming.
The coroner then summed up the evil
dence. The jury, he stated, must dis
miss from their minds all nadmissable
statements made by the solicitor for
the person suspected. They had heard
the evidence and they ought to find a
verdict contingent and dependent on
their conclusions. He would recall to
their minds the chief points of the evil
dence given. And he lhen dwelt briefly
but iorcihly ON the persecution the
suspected person had endured at the
hands OF an u~nprincipled man; on his
emand for money; his entrance to her
house, where he was discovered MUIR
dered, tho instrument by w'sich his life
had been taken being noticed in her
hand. The supposition that an unseen
ana aNenge" had caused the
death OF David ~Dulnbarton had, SO
far as could be ascertailied, no founda-
ton in fact.
Evening had come before he had fiji
Ssled mis- remarks and the jury had re-
tired to consider their verdict. Gas
Jared in the court, poisoning the close
atmosphere; strangers had come and
gone, reporters had relieved ZACH other;
the officers looked jaded. But the IN
terest which had begun to flag in the
public mind now suddenly revived, the
silence was broken by whispers; the
court, which had ~perceptibly thinned
an hour ago, became ~sugfocatingly
crowded.
Olive Dulmbarton, sensitively con-
scious to all that went on around her,
preserved a calmness that she felt was
unnatural; her emotions were frozen:
the tide of her life seemed to stand
Still. Those around her, George Bos-
took, her solicitor. DIR. Quave. betrayed
their excitement by their restlessness
n by the anxious manner with which
they regarded her. 1t was a relief to
her and TO her friends when the jury
once more entered the court. She
heard their footsteps without Il quick
enil1g of her heart throbs, and saw
W. r11nI, =. H,,ttn, ~ i,~,,- ~ lit -
satisfaction they Wore at having come
to the end of 4 Troublesome duty, for
she knew full We'll the verdict they
would return, and foresaw the fate that
cruelty awaited her. That which was
to her probably q matter of life or
death was to them an exciting incident
in the mototony of their daily lives.
In another ONE the foreman of
the jury declared that they We're unani-
nous IL. their opinion that David Dunn
barton had met his death by being
stabbed in the breast. and that the fatal
blow had been struck by his Wife.
The verdict was received in profound
silence, broken by the %coroner's voice.
as he proceeded to explain the differ
ence between murder and man
slaughter, With a view to helping them
in their decision as to which form of
the crime had been committed by Olive
Dumbarton. ManSlaughter was unlaw-
full act of killing another without mall.
ice, either expressed or implied. and
was either voluntary or Involuntary,
while murder was the unlawful killing
of any creature by any means with
malice a~forethought, n with a settled
purpose to revenge. The evidence they
had heard must be the best guide to
their decision. If it was their opinion
the deceased had, in backing his de-
mands for money, or through charac-
teristic brutality. used violence which
in an act on his wife's part OF
self defence; or if they considered the
fatal blow was given during one Of
those paroXysms of passion which.
while the frenzy lasts, stills the voice
of reason, and renders its victim reck-
less of the consequences of his or her
deed, then they must return a verdict
of manSlaughter.
Without quitting the box, the jury
gave it as their opinion that the case
before them was one of manslaughter.,
Inc coroner then. turning toward the
black robed, ilnmovable figure which
was the center of all observation, said:
olive ~Dumbarton, the jury have in
CURED into the cause attending the de-
mise of your husband, and have come
TO the conclusion he met his death
at Your hands. 1t is, therefore, my
duty to commit you to the next a~ssizes,
to be holden at the old Bailey, there
to take your trial upon that charge"
On this George Coris applied that his
client might be liberated on bail, when
the coroner said he would accept bail
in two sureties for the appearance of
Thea accused sc charged with man.
slaughter at the ensuing assize.
II the necessary formalities, having
through, Olive D~umbarton wa
led from the %coroner's court and driv-
home by George Bostock; Veronica
sitting beside her. clinging to her,
holding her hands, the girls sad eyes
fixed upon her mothers immobile face:
Olive Dumbarton herself, weighed down
by Il sense Of impending Woe, heavier
to bear and darker to meet thar death
itself.