The Lamar register., 1905-10-25
scHMIpLAP MURDER CASE.
Dramatic Trial Ends in Disagreement
of the Jury.

of the Jury.
Denver.-A dramatic incident in the
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 despondent 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-do ostructiOn,' said Mrs. Schmld-
lap, convinced me that l was pursu-
ing the wrong course; that 1t was not
my children and 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 suffer, in
an instant nv resolve was taken, and
from that moment forth / was deter
mined that he should be killed and
that l should go to Denver and do 1t.
Coming to Denver she found her hus-
band at rooming house. After some
conversation they went into a room to-
gether.
What did You have with you?" her
counsel asked her.
II had brought handbag in which l
! carried my gun
What happened2"
I'VE went into the room together.
:, 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
| 10
asked me what was in it, ! told him
gum
At this point Mr. Hilton interrupted
the witness.
"Just tell the jury now whether or
not you had received IA message from
your husband before that time
Eyes, he telephoncd me and asked
whether | wanted him to so out. J. re
piled that | did not care to see him
then because he had already disgraced
me too much
Resuming with The story. Mr.. Hilton
said: Now, then, after entering the
room what did YOU say to him anu
what did he say 10 you?'
About the only thing he would say.
to use his own expression, was that !
was nuts"
What did he do with the bag"
bed. | was sitting on a chair. Then he
remarked in casual way: What are
YOU going TO do about it?' | replied:
Unless YOU brace up and take care OF
me and the children, am going to XIII
you.' Without hesitation he answered:
oh. no, you won't; I'll bump us both
on"
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 second struggle en-
sued She gained possession of the
gun.
'"Then / sho, him again. again and
again." she exclaimed. with a gesture
of the hand. Taking up the narrative
| from this poini Mrs. Schmidlap coolly
told how she had walked from the
room into the hall. met the landlady
and 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 )
O'Clock Friday afternoon.
The jury, after deliberating forty
eight hours. failed to agree. Being as
sured that an agreement was impossi-
BILE. Judge Palmer dismissed the jury
Saturday. Mrs. Schmidlap was re
manded to jail and 1t is possible that
-. ha ul N af
to the trial of the case again before the
winter term, In January.
According to statement made by
, the foreman. J. c. Mcmahon, there
never was a 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 verdicts were
: discussed through the various degrees
: of homicide, but they hesitated be
cause they were not informed as tc
the punishment that might be inflicted
a thing that the court had instructed
l 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 10 nothing but involuntary
manSlag ghter