Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1904-10-08
Brings in a Verdict Of Murder in
the Second Degree.
COUNSEL ASKS FOR NEW TRIAL
Accused Man Receives verd'd With a
scowl- lup Took SIX BaIIos and
Was Our FoLr Hours.
Vas on FoLr Hours.

Cupl6u bfb attGHbiOH vi ttiC O'AN~tN
court for two days. returned to the
court room Friday night few minutes
before Q O'Clock with a verdict OF
murder in the second derRee. having
reached this conclusion after being out
for more than four hours.
In the exp citation Of verdict being
reached during the earlv hours Of the
night, Judge Faulkner held the court
in session, and hundreds of spectators,
VINO had followed the progress of the
trial during the two days, remained
in and about the court house to await
the action of the twelve men. When
it became known that the jury was
ready &c return with it's finding. there
was a rush for the Circuit room which
soon filled every inch CT space and
crowded the enclosure within the rail-
ing to such an exent that the officers
of the court could scarcely move about.
Holland was brought to the court
room from tile Jail, where he had
been taken about O'Clock. and re-
sumed his customary seat in front of
the Judge and at the side IF Attorney
Fauntleroy. He did not exhibit the
slightest nervousness, but scanned the
twelve solemn men who held his fate
in their hands, as if he would read
in their faces the doom that awaited
him. There was a slight scowl on
the brown countenance of the accused
man, as if he anticipated the verdict
about TO be rendered. and this IN
pleasant expression deepened when the
verdict was read.
In answer to the usual questions
the written verdict WAS handed by
the foreman of the jury to Circuit
Court Clerk Gerhardt, who SLOWLY
opened the document and read the
words which declared Joseph Holland
guilty of taking the life of fellow
man. and which will condemn him to
a term in the penitentiarv, of from
five TO eighteen years. the length of his
punishment to be fixed by the court.
There was not the slightest demon
stration on the part of the audience
when the verdict was announced,
other than slight wave of satisfaction
which swept through the room,
mingled here and there with a rote of
regret that he verdict was not of
murder in the first degree.
The subsequent proceedings occupied
but few minutes. Holland was
handcuffed and taken back to Jail, the
jury was discharged. Judge Faulkner
adjourned court until this morning
and the crowd slowly dispersed.
HOW VERDICT WAS REACHED.
The evidence introduced by the
state left no doubt in the minds of the
twelve men as to the guilt of the ac-
cused. although there was an absence
of ANYTHING which directly connected
Holland with the crime. 1t was not
generally believed that the jury would
impose the highest penalty for the
killing of Harris. and this opinion was
borne out in the first bsllot altar the
twelve men reached their room. On
this ballot the vote stood seven for
murder ins the first degree, two for
this degree with a accommodation
for mercy. two for manslaughter and
one Tor acquittal. This latter was due
to an error ON the part of jurvman
as to the wo ding of his ballot,
rather than to a desire to aoduit the
man. and was quickly changed to
murder in the second degree. Five
more ballots were taken. two before
supper and three afterward. AS each
ballot was scanned it was seen that
the jnrymen re slowly centeriDg
upon tie ysraICt which all finally
agreed upon, al NJ it was only
question If tim n,il all would come
to the conclue "a that this would
about fl the O. aud be in accord
with the eviceace.
There was nga a single juryman who
was not conviAoed iu his own mind
that Holland caused the dynamite
explosion ws.sol wrecked the house
and killed John Harris, but the state
was unable 10 show conclnsivelv his
direct connection with the crime. aud
this alone saved the accused from the
death penalty. Under the law the
jury was compelled to return verdict
in accordance with the evidence PEE
scented. regardless OF ANYTHING else. /.
TOE PEALTY.
Under the laws Ct West Virginia
the various cts and punishments
for ial ng human life are as follows:
Murder in the first degree, or as
charged in tine indictment, death.
Murder in the first degree with a
recommendation for mercy, peniten-
tiary for life.