Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1904-05-11
MRS, POWELL GUILTY AND
TSuFE IMPRISONMENT
CLOSE OF FAMOUS MURDER CASE IN KENT
COUNTY THAT STIRRED UP INTEREST.
The Jury Were Out Oue Hour and FIfty-ilve
Minutes and Arrived at Verdict of Second
Degree Application for New Trial.

Application for New Trial.
Mrs. Mary A. Powell was Saturday
night found guilty of murder in the
second degree for killing her adopted
daughter, Estelle Albin, on February
9, by clubbing her on the head with
bottle and then cutting her throat.
The penalty for her crime, under the
verdict, is life imprisonment, and I'M
less the decision is reversed by high
er Court. or executive clemency is ex-
tended, Mrs. Powell will spend the
remainder of her days in Kent county
Jail, the county in which she was
born and has spent her life. The
Jury was out one hour and ffty-fve |
minutes, and had agreed upon her
guilt in the first hour, but fingered |
over the question of the degree. Mrs.
Powell wept when the verdict was an
nounced, though not as freely as
when she was in the stand. Her hus-
band sat in a corner of the little court
room and was little moved by the YER
dict, maintaining the same stolid in
difference which has characterized
him throughout his wife's battle for
her life.
Streets Were Througed to Hear Verdict
1t was not yet dark when the rumor
flew through the little town that
the jury had agreed upon a verdict.
The streets were thronged with men
who had come from far and near to
hear the verdict. All streets seemed
to lead to the Court House, and soon
every available space was filled.
The three judges were sent for, and
the prisoner who YEARLY climbed the
back steps to the court room and
dragged her way to the bench in the
dock which she had occupied each day
for week. The court raped for Or
der as the jury slowly fled in, keenly
showing its responsibility, while a
balliff followed bearing the dead girls
blood stained garments, the CHASTITY
pictures and the crimson-dyed knife,
which was one of the instruments
employed in ending Essie Albin's life.
The crowded court was quiet as
death as the venerable and gray
bearded court crier arose and pOlled
the jury. Then in a voice that readily
found echo in the Stiffness he cried
Gentlemen of the jury look upon the
prisoner; Mary A. Powell look upon
the jurors" Mrs. Powell slowly
arose to her feet, holding her hands
clasped in front of her, while the
Jurors also stood and faced the woman
in black. Gentlemen of the jury,
the crier asked, "have you reached {
verdict?'' 1--WE have" chorused twelve
deep voices. The woman's husband
moved uneasily, and craned his necl
as the jurors said they would have the
foreman announce the verdict. "Gen
tlemen of the jury" they were asked
what say you? Do you find the prison
er guilty or not guilty?" "Guilty!'
huskily replied Foreman James Jen
kins. "Not guilty !" cried single iuro
Difference OF Opinion In Rendering Verdict.
The court crier was disconnected a
the difference of opinion in the rem
dering of the verdict. A buzz RAJ
through the audience that was quickl
suppressed when the acting presidin
Judge came to the rescue by tellIn
the court officer to ask the jury il
standing on the degree, as that wa
the cause Of the difference. "The
do you find Mary A. Powell guilty i
the manner aud form as indicted, o
not guilty as indicted. The repl
came quickly, "Not guilty as indicted
spoke the foreman, "but guilty {
murder in the second degree. Alto
ney Ridgely asked that the jury
polled, which was granted every ma
answering guilty" "Let the prison
or sit down." was the order, aud II
convicted woman fell rather than SO
down. Sobbing as Il gh her heal
would break, she chung 20 one arm
the bench, and with the other har
wiped her eyes. The jurors RENAME
standing, but still avoided the appea
ing glance of the woman who was no
helpless in the abandon Of her grief.
Court AdiOursed Until Monday Morning
Court will adjourn until Mondi
at 10 o'clock. said the acting JUDI
Spruance. Then the Sheriff came
the prisoner, who weakly aros
stumbling rather than walking to Il
little back door leading to the ia
Most all Of Saturday was taken up
the defense and the prosecution
making their final plea to the jur
The efforts Of Attorney General Wa
apd Lawyer Edward Ridgely we
Particularly fine. Judge Spruan
also made magnificent charge to I
Jury. Arguments for a new trial O
being heard to-day.