The Springfield herald., 1905-10-27
scAmlDLAp MURDER CASE.
Dramatic Trial Ends in Disagreement
: Of the Jury.

OTdHlaiC TIAt GnOS IN 6ieAStCetHSh'
: Of the Jury.
Denver.--A dramatic incident in tht
trial of Mrs. Helen Schmidlap for the
murder of her husband took place
Thursday when she took the stand in
her own defense and told why and
how she shot him.
While separated from him and IN
California she became Respondent be
cause of his cruelty, dissipation and
refusal to support her and started to
suffocate herself and two children with
gas.
But pondering over the question
of self-destruction," said Mrs. Schmid
lap, Convinced me that i was pursu
ing the wrong course; that 1t was not
my children and l who should die; but
that my husband was the one who
should pay his'life for the torment and
agony he had caused me to suner, In
an instant my resolve was taken. and
from that moment forth l was deter
mined that he should be killed and
that should go to Denver and do 1t. "
Coming to Denver she found her hus
band at a rooming house. After some
conversation they went into room to-
gether.
what did you have with you?" her
counsel asked her.
u had brought handbag in which
carried my gun"
What happened?"
I'VE went into the room together
l,he door was, then locked. asked
him why, he, had disgraced and abused
me and tried, to make prostitute out
Of me, His only answer was that ! was
'nutty.i He noticed the handbag and
asked me what was in 1t. / told him
gum .'.'
At this point Mr. Hilton interrupted
the witness.
"Just tell the jury now whether or
not you had received n message from
your husband before that time" ~
Yes, he telephoncd me and asked
whether ! wanted him to go out: III re-
piled that 1 did not care TO see him
then because he had already dfsgraced
me too much"
Resuming with the story. Mr.. Hilton
said: Now. then, after entering the
room what did you say to him and
what did he say to you?"
about the only thing he would say
was nuts"
What did he do with the bag"
picked 1t up and threw IT. on the
bed n was sitting on chair. Then he
remarked In casual way: What are
you going to do about ito ! replied:
Unless you brace up and take care OF
me and the children, am going to kill
you.' Without hesitation he answered ::
oh, no, you won't; I'll bump us both
or"
Following this remark. the witness
said Schmidlap started; to execute his
threat She tried to save herself. Both
struggled about the room. She seized
him by the hand that held the weapon
The gun broke" The cartridges fell
to the floor. At this point both were
somewhat exhausted. They released
each other. Schmidlap stopped to the
floor and picked up the cartridges. He
reloaded the revolver and again ad
vanced toward his wife, according to
her testimony A second struggle en-
sued. She, gained possession of the
gun.
"Then I shot him. again, again and
again." she exclaimed, with a gesture
of the hand. Taking up the narrative
from this point Mrs. Schmidlap coollS
told how she had walked from the
room into the hail, met the lapdlady
and n policeman. handed the revolver
to the latter told him she had shot her
husband, and readily consented to be
taken to police headquarters at once
The case went TO the jury at J
o'clock Friday afternoon.
The Jury, after deliberating forty
eight hours failed to agree. Being as
sured that an agreement was impossi
bic, -Iudge Paliper dismissed the jury
Saturday. Mrs Sckmidlap was re.
.nranded to. jail and Il is possible that
1.-The prtsecution,:wll not be able to get
to the trial of thu case again before the
winteN lem, In Aanuary.
According 'N' statement made by
the foreman, ): &C: McMahon, there
never was chance of the jury getting
together at any time, The first ballot
taken when they went out Thursday
showed that seven were for acquittal
and five for conviction of murder In the
first degree. On the second ballot one
changed from guilty to acquittal., The
ballot stood that way. four to eight, to
the end. Compromise yerdicts were
discussed through the various degrees
of homicide :. but they hesitated be
cause they were not informed as to
the punishment that might be inflicted
a thing that the court had instructed
them they had no righ TO consider
Those who thought the woman guilty
would consent TO no other verdict. and
those who believed her innocent would
consent to nothing but Involuntary
manslashter. - :.
Colorado Baptists.
Denver-The following named Off.