The evening world., 1908-01-24
RULES OUT JEALOUSY.
Also Declares that a Verdict of
Murder in First Degree Must
Not Be Considered.
Late this afternoon the Jury I'm
OF Not Guilty"
tspec,.l TO The Evening wor'a1

WITH shooting and killing Harry Ferree.
was given to the jury to-day. the pris-
oner have full assurance that he would
at least escape the gallows.
Judge Bregy charged the Jurors to
dismiss all thought of convlcting Detsch
of murder In the FIRST degree. The
Judge in his charge followed his ruling
In the trial that any reference to q
liaison between Ferree. the victim, and
The wife of Detsch must be eliminated
unless 1t was proved that the prisoner
had knowledge of such relations. This
ruling took away the best weapon of
the prosecution. kept Mrs. Detsch from
the witness stand and robbed the case
of a most SensatiC nal feature. namely.
the revelations of the woman concern
ing her relations with Ferree and her
expected accusa ton that the slain man
had blackmailed her after they quar-
relied.
Police Theory Failed.
The ruling meant that the prosecution
could not prove the theory Of the po-
leo that Detsch's motive for the killing
was Jealousy and revenDe and that his
wtte having broken with Ferree. acted
as a lure for the victim
Judge Bregy in his address 20 the jury
said
There have been inS!nuations here
and some side lights have crept in from
the testimony. that this defendants wife
occupied an improper relation to Ferree,
In other words. that the woman was a
10.
men, yesterday. that II that We're 50,
and the defendant knew OF the fact. II
might be some cause for establishing q
motive for the killing, but how could It
be q cause II he did not know it?
Are there no men VINO have faith
less wives and do not know il? II the
defendant krew she was faithless |;
would furnish motive for the murder,
But a man cannot be animated by
what he does not know. Tne defendant
denies that he knew anything about
this alleged relationship. and as the
witnesses who may have been in a
position to know say they did not tell
him, and as there is absolutely no owl
dence TO show that he did know. 1t
cannot be stated or believed that ehe
killing was done with malice
Referring to the letters which were
found in Ferree's room. and which the
prosecution intirnated were written by
Mrs Detsch. Judge Bregy warned the
Jury not TO guess or wonder what was
in them. He instructed them to ar
rive at their conclusion by judging the
evidence only.
The Judges charge was regarded oy
some as an answer 10 the summing
IN of Assistant District-Attorney TAU
lane. who being unable to get the iai-
son testimony in. alluded 10 u III AIS
address. saying:
Tho law prohibits us from calling
the wife. But you have no doubt tha'
she looms up big in this affair 1t Is
within the power OF the defense to cal!
her, and where a husband Is on tria
for murder every human impulse I'M
pels a wife TO take the stand and tell
avery word she can IN ms uetense
Why ,s she not called? 1t Is because
the defense fears to nave the who!e
story known. ,,,. No..
in that room ON the night that Harry
Ferree was murdered? 1t Is not talr TO
you that the whole story is not told,
and there is no doupt IN your minis
that II we had that wife mere We would
learn about some other motive for the
killing of Harry Ferree.
The jury appeared SO deeply impressed
by Mr. Taulane's plea for conviction
that Judge Rregy warned them against
forming an opinion until they had heard
the argument for the prisoner and his
own charge.
The persistence Of the attorneys FOR
the defense in keeping Mrs. Detsch $
connections with the murder OF Ferree
out of the case entirely was sharply H.
Illustrated by the fact thar she was not
Jury box. on the first day of the trial
she sat with the defending attorneys
but yesterday and to-day she was
obliged to keep far In tho rear Of the
oo0Qoo@A '--