Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-09
VERDICT Of GUILTY
CONCLUSION OF JURY AS re-
+. CARDS MRS JENNIE I. MAY.
Convicted on Both Counts Of Indict-
ment-Mrs. May Committed
to Jail Today.

With no other outward evidence OF emo
ton than was indicated by tensely grip
ping the arms OF her chair. MES. Jennie L.
May, late yesterday afternoon, heard the
jury In Criminal Court No. 1, pronounce
her guilty on both counts OF the Indictment
charging her with assault with intent to
kill and assault with a dangerous weapon
in connection with the shooting and death
of Lucien Conen one time member of the
United States Marine Band. After eight
days continuously devoted to the hearing Of
evidence. the arguments Of attorneys and
the final charge of Justice Stafford the case
went to the jury precisely at 2:30 o'clock
yesterday afternoon. The twelve men were
out only little more than an hour.
Another development in the case came to-
day, when Mrs. May, who had been releas-
ed on bond, was again placed under arrest
and brought to the court house. DR.. VIII
liam w. Stewart, who had qualified as her
surety yesterday in the sum Of $1,000,
stated this morning that he wished to have
nothing further to do with the case, and at
his request Deputy Marshal 8. B. Callahan
went to the May home at II O'Clock this
morning and took Mrs. May into custody.
The prisoner was accompanied to the city
hall by Mrs. Oulahan, friend. who stood
Mrs. May cannot be taken in charge by the
marshal and by him committed to jail
unless she be formally surrendered in open
court, and this necessitated search for
Justice Stafford.
The justice reached the bench in Criminal
Court No. 1 late this afternoon and Mrs.
May was formally placed in the custody of
the marshal. In the absence of another
bondsman she was taken to Jail, her hus-
band accompanying her.
DR.. Stewart said his decision not to stand
as surety for Mrs. May was precipitated by
the testimony concerning her mysterious
disappearance from her home, which was
brought out in the trial, and which was
recounted to him by a friend.
The charge to the jury was delivered just
after The Stars report of yesterdays pro.
ceedings was closed. In his final resume of
the evidence Justice Stafford defined the
limitations of the plea in insanity, which
constituted the entire basis of the defense
of Mrs. May.
Emotional insanity Is not regarded as
excuse for crime according to the laws of
the District of Columbia" he said; but the
final power of adjudication lies with the
jury. At the same time, the jury does not
have the right to disregard the evidence.
If a man accepts a seat in the jury box
upon his sworn statement that he will be
governed by the evidence in The case at the
bar and he fails to fulfill that oath, he Is
guilty of perjury, and of an even more Sc
rious crime against the people"
Reference to Insanity.
Justice Stafford explained at length that
the law did not hold a person mentally dis
eased to be responsible for crime. Science
tells US, he said, that insanity is the out
ward evidence of a mind unbalanced. The
law holds. when a crime Is committed under
such circumstances, that 1t is not the per-
son but the disease which was responsible.
The court instructed the jury, II 1t found
Mrs. May not guilty solely by reason OF
~ lo1
insanity the verdict .n snoua be SO shs fn
dictment, namely, assault with intent to
kin," and assault with a dangerous
weapon" Justice Stafford told the jury. If
evidence, that Mrs. May shot Conen with
the intention Of killing him, the verdict
should be guilty on the first count" and
II it found that she shot Conen. but with
out desire to kill, the verdict should be
guilty on the second count.
After waiting In the court room for
short time United States Attorney Baker
and Assistant United States Attorney fur-
ner went to their offices, leaving instruc-
lions that they be summoned Immediately
upon the jury,s return: Attorneys creed
N. Fulton and Gibbs Baker. counsel for
the prisoner, being in the custody OF the
marshal from the moment her case went to
the jury. was permitted to join friends In
the marshars office, across the corridor
from the court.
SS1SaBSu Oh DALI
When the jury returned at 3:45 O'Clock
Mrs May, accompanied by her husband.
Ole ]. May, again assumed her place be-
fore the bar, but there was little in her step
or attitude to indicate what her feelings
might be. As soon az the verdict had been
announced and when the jury had been
polled, at the request Of the defense. At
forney Fulton made a motion In arrest Of
Judgment pending action looking to an ap-
peal and the court was requested to fix
bond for Mrs. Mays release in the In
term. United States Attorney Baker con-
tended that $4,000 bail would be common
surate, but the defense argued that the de-
PENDANT was without means; that any bond
furnished would have to be purchased and
that the husband, Ole ]. May, could not
possibly pay the per cent usually demand
ed for bond If security in the sum Of $4,000
was insisted upon. A plea was entered that
the bond be fixed at 5000, and to that the
court assented.
The maximum penalty for the offense OF
which Mrs. May was convicted is fifteen
years in the penitentiary.