The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-28
HECK GOES FREE
Verdict OfNot Guilty in Robbery
Assault Case.
One Of the Most Surprising in
Annals of the County.
EVERY ONE SURPRISED
Even Attorney for Heck EX-
pected Only Hung Jury.
Defendant Receives His Freedom
Without Emotion.

A jury in the Heck highway robbery
case brought in a verdict of not guilty
at $3.50 this morning after having
been cut all night. The closing argu-
ment in the case was completed by
County Attorney Hungate at $50 last
evening and the jury retired at once to
the jury room. When the buzzer
which is connected with the jury room
rang three times at 9:15 this morning.
announcing that the jury had agreed
upon a verdict hush fell upon the lit
tie audience which had assembled to
hear the fate of the man who has been
on trial nearly all OF last week and a
part of this. Here and there through
out the little crowd could be heard
low words Of sympathy for the par
ents and sisters of the accused, for
there was hardly a person present who
did not feel that the verdict would bel
guilty.
The jury filed in and took their
places. in the box and Foreman w. S.
Fleming handed the verdict to the
clerk. Slowly and carefully the clerk
began to read and the stiffness in the
court room became so intense as to be
almost unbearable. When the clerk
reached the sentence which read:
''We the jury, find the defendant Cal
Heck not guilty" the hush was broken
by the mutterings from the lips of the
audience which were only quieted as
the judge raped for order. The de-
fendant in the case sat in the seat
which he has occupied ever since his
trial began. with not facial express
sion to mark his suppressed feelings. 1
The verdict was evidently as much OF
q surprise to him as to the spectators
but there was nothing in his demeanOr
which indicated it. Hecks attorney, /
Galen Nichols, was pacing UP and
down the corridor with an expression
of pleasure on his face for he realized
that every moment that the jury re-
manned out added to the chances Of a
hung jury for his client and that has
been the best that he has hoped for.
When he was told that the jury had
signaled that they had reached YER
dict the expression of pleasure van
isheG as he seemed to realize that his
efforts had been in vain. There was
probably not a more surprised man in
the court room excepting the defend
ant when the clerk read the verdict
giving his client his freedom. AS
soon as the excitement had subsided
Heck thanked the jury for the verdict
which they had rendered and then
the judge for his fairness and i'm
partlality throughout the trial Of the
case
The jury was composed of W. S.
Fleming. foreman Mark Mason, j. G.
Baker, NJ. L. Zercher, Peter Eber-
hart, q. J. Whitlow, Syl Morrow, J. Z.
Maus d. r. Reed II. II. Hershay
John Mckinney and A. T. Grange.
The verdict Of this jury again illus
trates the often repeated fact that
there is no telling what jury viii do.
The news of the findings of the jury
spread ike q wave over the court
house and was heard with doubt on
the part of those who had sat through
the trial and listened to the evidence.
The offices about the building were al
most deserted temporarily as the Of
fcers and clerks crowded into the
court room to verify the report which
they could not credit.
on every hand were heard words of
condemnation at the action Of the jury
and as one attorney suggested, THE
Jail doors should be allowed to swing
open and the men now confined there
should be pensioned and released"
The crime for which Heck was tried
was one of the most brutal and dia-
bOlfcal ever committed in this section Of
the state, and it was mere chance, and
not intent which placed the defendant
ON trial for robbery instead of murder.
on the night of January of the present
year as w. F. Kuntz was coming home
late at night he was set upon by two high
waymen who robbed and then battered
his head with a hammer and chOked
him. He recognized Heck as one of
these men and John Croft who after
wards turned states evidence and con-
fessed. duplicating Heck as the other
one. The States evidence was COM
plete and great many witnesses were
placed on the stand whO cOrrobOrated
Croft in the essential features of his
confession Heck admitted that the
hammer which was used to crush the
skull Of Kuntz belonged to him. The
defendant entered a denial to the evil
dence Of the states witnesses and at
tempted to CorrObOrate a portion of his
own statements, but there was really
no evidence on the part of the defend
ant in the opinion Of lawyers and spec
tators to warrant the findings Of the
jury
The case was tried at the April term
Of the district court and the jury after
being out for the greater portion of two
days finally reported that there was no
Cnauce rnaL they could agree. The jury
stood eleven for conviction and one for
acQuittal and this one man who stood
out so strongly for acQuittal had re-
fused for hours before the jury came in
10 even discuss the case His attitude
al the time caused much unfavorable
comment from those who were familiar
with the case and the jury. The feel
ings and hopes of Attorney Nichols can
better be understood from a remark
which he made in the court room last
night as he sat with the accused and
waited for report from the jury He
remarked rs he looked at the slowly
moving hands Of the court room clorIz.
At each swing Of that pendulum
feel better. With every swing the prob
aniities of hung jury Increases
When this remark was reported to
Heck he only smiled and seemed to
gather hope with his attorney as the
minutes and hours passed
The action of this jury has brought
condemnation on their heads from
every source. terrible crime has
been committed One man has con
fessed and his confession is cOrrOborat-
ed on every hand. The man whom he i'm
plicates has really no defense. except
Ing TO say that he is not guilty The
states chain Of evidence was as com
plete as circumstantial evidence could
pc made. This was strengthened nv
ne confession of the man who admits