The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1908-11-20
MRS HARBOUR CONVICTED.
After Sixteen Hours of Dcliberation
jury Returns Verdict of Man


her foster child, Miss Rose
Rosso, in this city, on the sixth day
of last March. Judge Rice, of the
Eighth Circuit was on the bench,
and Frank ID. Bangs was attorney for
Mrs. Harbour States Attorney Wood
was assisted in the prosecution by
a. X. Gardner, former states at
torney for Pennington county. Be-
fore going to trial Mrs. Harbour made
affidavit that size was without funds
and the county then engaged coun-
sci for her, which accounts for the
refinement from the case of Boyd
e. Soule
The jury was composed of Carl
Steen, Quinn; George Peck, Owanka;
Eugene Harold Hill City; Peter
Glazier, Wall; John |. Sundahl,
Farmingdale Alfred w. Peter, I'M
derwood A. C. Jones, Farmingdale;
z. w. McNown, Rockerville; William
S Dowd, Quinn; William Fisk, Seen
ic; J. NJ. Lott, Rapid City; James
Boyle Caputa.
y
we'll, and showed to the large num-
Der of people present each day that
he was quick TO see and take ad-
vantage of any thing that would be
of benefit to his clients case, and
in his plea he made several good
points. During his address to the
jury Mrs. Harbour sobbed pitifully,
as she had done when she gave her
own testimony.
States Attorney Wood dwelt on
several points of the case, reviewing
the incidents connected with the kill
ing Mr. Gardner closed for the state
in strong plea for justice to be
done the dead girl. He showed how
witnesses had heard loud talking,
running, shots, ana the plaintiff la
ter with the gun, and her words.
how she had not tried to catch the
girl when she fell, and had no
blood upon her, and that it would
have been a physical impossibility
for the girl to nse the revolver
from the position claimed He also
mentioned that no excuse was offered
to account for the second shot being
fired.
The charge to the jury by Judge
, Rice was a splendid one, clear and
helpful. The case went to the jury
at five in the afternoon, and next
morning at nine brought in the YER
dict of manslaughter in the second
degree. Mrs. Harbour will be SEN
fenced Saturday morning at NINE
o'clock 1t is reported that the first
ballot stood nine to three in favor OF
murder in the first degree.
Mrs. j. b. Bryan, of Grinnell, Ia.
a sister of Mrs. Harbour, sat with
her through the trial, but Mr.. Har
bour, husband Of the defendant, was
not present during the trial, for rea
sons not given to the public.
The testimony given in the case
varied little from that given in the
former trial, the principal difference
being that much of the unimportan
features were left out and more stres
laid on the real issues. For thu
prosecution the evidence of Dr.. ant
Mrs. NJ. S. Elliot was the most i'm
portant, for the reason that the.
lived across the hall from where tn
Harbours lived, and were at hom
at the time the girl was killed.
DR.. Elliott testified to Rose com
ing home from school, and not bein
able to get into the kitchen, she Dor
rowed key from Mrs. Elliott. Tha
afterwards he heard loud talking
and the girl in pleading voice eX
claim, Mamma, don't strike me.
He then heard footsteps running in
to the back part of the room, an
two shots. He then ran into the hal
and when near Mrs. Harbour's doc
she came out with the revolver i
her hands, and called out ''Te
Charley Harbour have killed m
daughter and that am going t
kill myself
Mrs. M. S. Elliott's story of tn
, events of the afternoon when the gil
was killed, did not materially diffe
from that of her husband, eXceI
) that she swore that She heard Mr.
Harbour say, Il have killed m
daughter, the only person l eve
loved.
Other witnesses examined for tn
prosecution were DR.. Minty, Arthu
Phoenix, e. l.. Bangs, Thomas HeV
cit, Frances Wood, Henry Johnso
and wife, Jay Estrup, j. c. Blymal
Mrs. j. B. Gossage, all giving test
mony regarding occurrences of tn
fatal afternoon, and the conditio
of the girls body, the whole maxim
; too voluminous report for the sbae
available.
When the defense took up tn
case Mrs. Harbour testified in he
own behalf and gave her version {
the occurrences of the day whe
Rose was killed. She gave her az
as Az years, stated that she and tn
girl came to the city on April II
( 1906. She said that the girl we
} in her eighteenth year, that she 'ha
f known her since she was year an
; a half old when she took her fro
i an orphans home in Omaha. Sf
' told of her motherly feeling for til
: girl and said that she never wante
i to get rid of her.
l Her right to the girl, Mrs. Ha
bour said, had been established
court when the girl was thrice
wears old and she also said that
/, that time Dominic Rosso, father {
the girl. offered her two thousan
/. dollars to give I'M Rose but she r.