Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-21

Life Imprisonment.
At 11:47 o'clock this morning Bert
Pell stood convicted of the murder of
John H Lepley, of Clifford, by the jury,
which returned its verdict twenty min
utes earlier. The verdict was for muir
der in the second degree, the most Sc
we're finding that the twelve men could
return under the courts instructions.
The sentence that may be imposed next
Wednesday morning, the time set by
Judge Bradshaw, ranges from ten
years in the penitentiary to imprison-
ment for life.
Jury Comes Unexpectedly.
1t was 11:27 o'clock when the ball
if, followed by the jury's foreman,
John S. Hixon, of st. Anthony, and the
other twelve jurors, filed thru the pub
lie entrance to the court room. Their
coming was unheralded and unexpect-
ed, as it was rumored they were far
from an agreement. The sudden re-
turn of the verdict caught the curious
crowd, which had hung around the
court house all morning, unaWares,
and there was only few in the court
room aside from the jury in the case of
Kempe vs. Bennett & Binford, which
was hsrening to the opening state
ments in that case.
PeiI Slow in Arriving.
Immediately the county attorney,
Pells lawyer and the sheriff were no.
titled, but it was twenty minutes be-
fore Pell was brought into the court
room and given a seat by his counsel,
directly in front of the judges bench.
The stiffness was tense as the judge
asked the jury If it had reached ver-
dect and if so to deliver it.
PeII Stolid and Unmoved.
When the verdict had been pro.
nounced Pelrs attorney asked that the
jury be polled. Again absolute still
ness spread over the room as one by
one the jurors responded yes" to the
clerks inquiry, us this your verdict
as read?"
Aside from being trifle pale, and
showing a slight nervousness, indicated
by frequent moistening Of his lips,
Pell received the verdict, which may
mean long years of Imprisonment,
without q sign of emotion. He pre-
served the same stolid, and in meas
use Indifferent attitude and expression,
which has been his bearing turnout the
trial. Most of the time his eyes were
fixed on the Judge. Once or twice he
'smoothed his hair with his left hand.
None Voted for AcquittaI.
From statements made by jurymen,
after the verdict was delivered, it was
shown that from the time the jury re-
tired, at 4:47 Wednesday evening, UNI
til it agreed on a verdict this morn
ing, conviction was all that was in
store for Pell. From the first ballot
every one Of the twelve voted guilty,
the degree Of guilt to determine being
the only cause Of delay.
The first ballot stood seven for MUIR
der in the second degree, and five for
manslaughter. This morning one of
then on until the verdict was reached
the jury stood eight for murder in the
second degree and four for man
slaughter. Three more ballots were
taken, when the four Joined the eight
and the verdict was unanimous. A
total of about twenty ballots was
taken.
It is expected a motion for a new
trial will be filed by Pelrs attorney
Judge Delivers Instructions.
It was 4:30 when G. w. Burnham
had concluded the closing argument
for the state. Judge Bradshaw began
at once to read his instructions, which
required fifteen minutes, the instruc-
lions containing sixteen paragraphs in
addition to the indictment and forms
for the verdicts.
The instructions defined in detail the
meaning of the law regarding the var
ious degrees of murder, first and sec
ond, manslaughter and with a defini-
ton Of the meaning of "a reasonable
doubt" as it affected the innocence or
guilt Of the accused.
Withdraws First Degree Charge.
Early in the instructions the judge
read that the charge of murder In the
first degree was withdrawn by the
court from the jury's consideration,
and, therefore, the jury would have
to consider only second degree murder
and manslaughter. He said it was
only needed to be shown that for muir
der in the second degree the killing
had been done with malice afore-
thought. The meaning Of deadly
weapon was defined, and manslaughter
was explained according to the law.
He paid much attention to what should
be done in case of reasonable doubt;
if the jury had a reasonable doubt
that murder in the second degree had
not been committed. then it could only
convict of manslaughter.
Touches on Intoxieation.
Continuing. the court explained the
phase of the case which included in
toxication. He read that If at the time
If the alleged crime the jury found
hat Peli was under the influence of in
oxicating liquors to such an extent as
o deprive him, of the power to- delib- |
rate, and to form a guilty intent. then |
he jury should acquit him Of second |
legree murder; but such fact would