Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-01-23
MRS. AUSTIN IS GUILTY
So Says the Jury After Nine
and One Half Hours De-
liberation
PRISONER IS DISAPPOINTED
is DISAPPOINTED
Thouaht She Would Be Cleared on tho
charse-Jury Out Longer Than Was
Expected, and Disagreement Was
Feared-Not Likely to Try Husband
on Burglary Charge.

Guilty as charged In the Indictment
was the verdict of the jury in the case
of Mrs. Lizzie Austin, colored which
reported to the court at $3.50 Friday
night, after nine and one-half hours
elaboration. Judge Caswell was called
to hear the verdict, and excused the
Jurors until this morning. when they
were again excused until Monday.
Mrs. Austin, convicted OF burglary,
was very much disappointed. as she
had hoped and expected she would not
be convicted. While the evidence was
considered by the state to be conclu-
sive in every particular, 1t was feared
by many. for time. that a disagree
ment would result because of the fact
that the jury remained out so long.
One or two members hung out for an
acquittal, but they were finally con-
vinced that guilty should be the
verdict.
Mrs. Austin was convicted of rob-
bling the fur store of n. Singer last fan
In the Indictment she was accused OF
stealing but one garment, a valuable
Jacket, which was found in her ROOM
The goods stolen from the Singer
store, which were found in barn
near the Tom Lowery residence,
where the woman was stopping ag-
gregated value OF between $500
and $4,000. George Austin the wo-
mans husband, who is known as one Oh
the cleverest colcred crooks in the
country, was also arrested. and mas
been In Jail since his arrest, when
was effected at the same time thai
his wife was taken into custody.
Mrs. Austin entered as ner defense
a general denial of guilt. and said that
she had bought the jacket from some
woman, unknown to her, on the street,
paying $40 Tor IL She had hidden IT,
she claimed. in her bed, in order to pre-
vent her husband, with whom she had
been quarreiing, from knowing that she
had it. The police have not contended
that Mrs. Austin had anything TO do.
personally. with the actual robbing OF
the Singer Store. but they do main
tain that she planned the robbery. ana
sent 10 SnlSaSO iOt uCl
whom she had not been living for some
time. to do the work. 1t was the di-
vision of the spells. 1t is believed. that
lead to the quarrel between the hus-
hand and wife, which was in progress
when Officers Clark and Lage tr
rived at the Lowery home. and founl
the jacket in the woman's posses.
sion.
Now that Austin has pleaded guilty
to the charge OF assault with intent to
commit murder. in attempting to shoe,
officer Lage while being placed under
arrest, 1t Is not likely he will be tried
on the burglary charge. He will prob
ably receive a stiff sentence on the at
tempted murder charge, and the other
case can be brought up when he COM
pletes his sentence, IL the state see tit
II would be necessary to draw new
Jury to try him at this term, as no one
On the present panel would be eligible
For service. The maximum penalties In
The cases of both Austin and his wife
are ten years in the penitentiary.
AT o'clock this afternoon the pr.s-
oners were brought into court, and the
time for sentence fixed for Monday
HiOiuiIiS al CLOCK.
Next Weeks Assignment.
The criminal cases for trial next
week have been assigned by Judge Cas-
we'll. For Tuesday the cases agains,
8. I. Whitman. ct al. charging nu,-
sance; A. f. Judge. charge with for.
gerry; and Bertha Kirkland. lewdness.
Ire set. Wednesdays assignment in
sludes the cases of Paul Radon. for OBJ.
aiming money by false pretenses. and
:. X. Fillmore, embezzlement. On
Thursday the cases of state VS.. Mauie
stover, keeping house OF i'll fame. ana
Ray Leslie, prostitution. are set, To-
sether with the hearing Of Joe Walters
which was certified to the district court
~ Justice Burritt, after being bound
over to keep the peace.
conunuances We're granted today IN
he Whitman and Fillmore cases. Al
this afternoon some of the defen-
iants in grand jury cases were ar
aligned. Mrs. Kirkland waived for
nal arrangement. and will enter !,
Plea Monday morning w. j. and r. A
Ward, of Gilman. indicted on charge
If nuisance, entered plea Of not r,,,l-
y thru their attorney.
yAJNoN a. r At,a