The Norfolk weekly news-journal., 1907-04-12
ELLIS GUILTY Of ASSAULT.
SIMPLE ASSAULT, WITHOUT IN
TENT TO DO HARM.
APPEAL CASE TO HIGHER COURT
Claiming That Grand Jury Was llle-
saIly lmpanelled, Defense Carries
Case Up-other Three Cases viii
Await Supreme Court Decision.

SooC OP-oh'V' '''SS ONSNS '''''
Await Supreme Court Decision.
Madison, Neb., April 11.-Special to
The News: Forrest Ellis has been
found guilty of simple assault, with
out intent to do bodily harm. The
Jury arrived at a verdict at 1 o'clock
this morning, after prolonged discus
sion. The defense made a motion for
new trial, which was overruled by
Judge Welch. A motion was then
made that sentence be suspended
pending appeal to the supreme court
This motion was granted and the APP
peal bond fixed at $400 which was
furnished The cases against three
other former attendants-Wiles, Min
hicks and Byerly-will be continued
until after the supreme court decision
is rendered. The defense asked for an
appeal on the ground that the indict-
ment against Ellis was null and void
and the legality of the indictment is
the point to be determined by the SUI
preme court.
Claim Grand Jury Was lllesa'
On the ground that the grand j.
which indicted Ellis, and the thre>
other attendants, was illegal, the de-
Tense will fight the verdict rendered
by the jury today. The defense
claims that the grand jury was il
legally impanelled 1t is claimed that
the sheriff selected grand jurymen
promiscuously and of his own choice
and that the only legal grand jury
would be one which had been drawn
in the same method as a regular jury.
Eleven For Conviction at First
The verdict was delivered to the
court at about o'clock this morning.
1t became known later that on the
first ballot last night there were elev-
en- for conviction on the Indictment
charging assault with intent to do
great bodily harm, and one for ac-
quittal. After much debate the YER
diet was compromised and at l o'clock
the twelve men voted for nyiction
of simple assault.
An hour was given to each side for
argument County Attorney Koenig-
stein in half hours speech opened the
prosecutions argument He made a
strong, sharp speech in which he ade-
clared the charge had been proven
that Patient Prosser's death was has
tened by kicks from Forrest Ellis.
Aliens Plea For Defense.
The entire hour for the defense was
given to Senator Allen, who made an
eloquent pela in defense Of Ellis. He
do al Cd hot T,,li,,c Altcnbu1nr,c facti- |
mony was given more in spirit of
revenge than of justice. He handled
the testimony of Biggs in a lighter |
vein, bringing smiles to the jurors
lips, declaring that Biggs was reaching |
a point in years when his memory was |
not so good as once it was and appeal |
ing to the jurors to treat his testimony |
lightly. He said that the trial of Ellis |
was more the result of general de-
mand that somebody ought to suffer |
for charges that had BEEN made, than
for any definite reason, and that the
demand for punishment seemed to
have conferred upon Ellis He declared
that it would be wholly unfair to con-
Wet a man on general principles and
said that there had been no evidence
introduced to show any crime or any
intent at wrongdoing. He said that
the prosecutions testimony had been
trivial and anything but enough upon
which to send a man to prison. He
spoke of the necessity of using certain
restraint upon the hundreds of insane
patients in a hospital, for the sake Of
good order, and said that it was an
easy matter for a revengeful person
to convert normal restraint into so
called assault"
H. F. Barnhart closed the argument
tally and cruelty had been practiced
upon an innocent patient, whose
death was fastened by the kicks of
Ellis. He appealed to the jurors to
properly punish a brute who would
kick a PROSTATE patient and bring
bruises all over his body.
Verdict Expected.
People in the courtroom rather ex-
pected that verdict would be either
for acquittal or for simple assault,
dropping the intent to do great bod
lily harm"
1t was rather expected that, if this
case resulted in acquittal, an effort
would be made to dismiss the other
three similar cases.
Sheriff Burns, who was expected to
go on the stand, was not used in the
rebuttal.