The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1908-03-06

of the May day shooting had been re-
told for the last time.
The twelve men who are under oath
to deal out justice to Herman Boche,
II in their judgment he Is guilty OF
the charges OF the state, spent quiet
Sunday In the county seat town. Madi
son is quiet town on a Sunday and
with the general exodus of lawyers
witnesses and Norfolk spectators
Saturday night the town lost the bus
tie of court week.
The jurymen were not restricted TO
the court house Sunday but took var.
ious little excursions for exercise and
recreation, being always under the
supervision of the two bailiffs Save
that they could walk about and con-
verse with themselves the twelve
men have been shut off from the world
for a week. With outsiders their con
versation Is restricted while an alb
solute embargo exists against news
paper reading. The case that has
been before them all week they are
not allowed to discuss.
What verdict will these men return ?
Which of the several possible views
will they take Of the killing of Frank
farmer?
1t is doubtful IL outside of the twelve
men in the jury box there has been
among the hundreds who have crowd
ed the court ROOM another dozen men
who have heard the story Of the wit
nesses with unprejudiced ears.
The people IN the court room have
listened intently and quietly to the
words of the witnesses and while there
has been scarcely the slightest dem
onstrations Of their sentiment. that
sentiment is undeniably against Boche
and on a popular ballot would have
sustained the cause of the county at
torney. The sentiment of Madison
people against Boche is said to date
back to his attack on Sheriff Clements
last summer, when he tried to ram a
pitchfork through the anantomy Of
that officer out in the little cemetery
by the court house.
But the men of the jurybox are not
supposed to be prejudiced, are suppos-
ed to know nothing Of the attack Of
Sheriff Clements or of the killing Of
George Ives nineteen years ago or
nought of the case save what they
have been told by the score or so Of
men and witnesses summoned to the
stand.
The jury is composed largely Of
| 4, t.
said by those acquainted with some
of the jurymen to be a jury of good
caliber. Two localities in the south
west part of the county are represent
ed on the jury, Kalamazoo precinct
and the vicinity of Newman Grove.
Those who have watched the jury
closely have seen in it's membership
at least two men who are apt to have
considerable influence with their fell
low jurors.
The aftermath of this trial hangs
on the decision of these men. If they
mans life can never be put In jeo-
pardy twice for the same offense. II
the twelve men agree on a verdict Of
guilty" and 1t can be for first or
second degree murder or for man.
slaughter, the defense has recourse to
the higher courts. A disagreement of
the jury would bring a second trial.
1t is believed by men who have
followed the case carefully that dis.
agreement Of the jury may quite likely
be the outcome Of the present trial.
The man on the street" in Madison
says that the verdict will be for man
slaughter"
No testimony was introduced that
the killing of farmer was predemitat-
ed. Nor was the actual killing of
farmer by Boche disputed by the de-
tense. The defense has sought to pict.
ure to the jury Boche trapped by the
designing farmer, Boche drunk and
possibly drugged, Boche being robbed
of his money and shooting blindly at
one of his assailents in an effort to
protect his money. There were only
two men to touch on those few brief
moments before the shooting. Her
man Boche on the stand swore that
lie Coulu TeCdll OuI VI HIS ulZZy IcCOl-
lection struggle and someone dig.
ging at his pockets. Lee Vroman
cabman and chief witness for the
state, swore that the attack on Jar
mer was unprovoked, that farmer
had done nothing beyond trying to
get Boche to enter the cab. Vroman
told a well connected story. AS the
chief witness against Boche he was
brought under heavy fire, the defense
attempting to connect him with Jar.
mer.
The defendent himself was the most
important witness called by the de-
Tense and his testimony the most dra'
matte.
farmers Back Door.
To get before the jury Emil Koehns
testimony as to the condition of the
back door of the farmer saloon on the
morning of May l, 1907, the attorneys
of the state were forced to engage in