The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-05-17
MURDER IN SECOND DEGREE
Continued from First Page.)

Continued from First Page.)
ant, Ida j, Jennings, made motion
that certain portions Of the record, as
read by the state attorney in his argu-
ment did not present the evidence
properly and fairly, and that it ought
to be read to the jury in full.
State Attorney Williams objected to-
this, and asked if the counsel desired to
argue the case again.
The court denied this motion and be-
gan with his charge to the jury.
Both the defendants, Mrs. Jennings,
with her usual anxious face, and Her
bert W. Taylor, the somewhat effem-
mate looking slayer of his stepfather,
with his cool and somewhat Indifferent
manner, sat quietly and listened to the
judges charge, which lasted for more
than an hour, Young Taylor had a
white handkerchief peeping from his
outside coat pocket, and he also wore a
yellow pansy at his button hole. He
has worn a boutonniere Of this sort
every day since the beginning of the
trial furnished by some one at the
county Jail, where he has been incarcer-
ated for nearly a month. The court
room was not as well filled yesterday as
during the heated arguments Of pre-
vious days, but it was a somewhat
singular fact that there were many
women present. Most of them were
young women and there was strong
| shirtwaist brigade in evidence.
Judge Rorabaclz in his charge allud-
ed to the great crime which had been
committed in the killing Of Joseph E.
| Jennings at East Haven, April 5 last.
He instructed the jury how to handle
the testimony, saying that the matter
was entirely in their hands. Guilt
must be established beyond a reason
| able doubt. He went over the testimo-
ny and showed what under the law
| constituted homicide in it's various de-
| grees. Every person above the age of
fourteen years is presumed to be cap
! able Of judging of the moral effects Of
the crime of murder 1T is important"
he said, that you should understand
what the law means by malice afore-
A thought" The court then went on to
4 define this. He alluded to the murder
of Warden Shipman at States prison
| when the prisoners sought to escape.
He said that the state contended that
there was the most bitter feeling
against the dead man Jennings on the
/ part of the defendants, and that they
conspired to kill him. The point is,
does the entire evidence satisfy beyond
! a reasonable doubt. If it does, the
| jury should convict. Otherwise it should
acquit. The evidence Of one cannot be
used against the other. The jury should
consider whether or not the prisoners
we're in hope or fear or influenced by
the coroner or the police when their
statements were made.
The court was equally liberal In
charging in favor of the defenses'
| claim.
At the request Of the state the court
charged that if the accused attempted
to conceal their connection with the
4 crime, these were indications Of guilt.
| The quarrel and alleged threats were
denied, he said, by the defense, to be
of consequence. The accused, Herbert
w. Taylor, must have been under the
impression that he was in bodily dan
ger. Taylor was justified in using any
force to protect himself If Taylor was
found mentally irresponsible then a
verdict of murder in the first degree
should not be given.
He then said the jury might find the
accused guilty of murder in the first
degree, second degree or manslaughter
They might also find one defendant moi
guilty and the other guilty, and also
instructed the jury as to the liability OF
each.
Judge Roraback concluded a fair and
impartial charge at 11:40 o'clock; after
an hour and half the jury retired
The boy defendant and his mother sal
and chatted intrerestedly after the jury
had gone out Mrs. Jennings had a
handkerchief bound tightly around hei
right hand, which she kept repeatedly
ringing while waiting for the jury tc
appear
The penalty for murder in the frs
degree in this state Is hanging. Fol
murder in the second degree IL is i'm.
prisonment for life. For manslaughtel
1t is $1,000 fine, or Imprisonment mo-
more than fifteen years in states pris.
on.
The prisoners were taken back t.
the county jail for the night and to
day will be taken to states prison.
1t is understood that eight Of thu
jury in the Jennings murder trial stood
for murder in the first degree but tina
the other four could not be brought t.
vote for this extreme penalty, and +;
compromise was arrived at by making
the verdict murder in the second de