The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1908-03-06
JuRYMEN WERE GIVEN THE CASE
. O'CLOCK MONDAY NIGHT.
DECISION REACHED AT 2 O'CLOCK
PENALTY Is FROM ONE TO TEN
YEARS soNMENT.
MOTION FOR NEW TRIAL MADE
After q Long Battle In the Jury Box
Twelve Men Became OF Ono Mind
and Decided That Herman Boche
Was Guilty Of Manslauahter.

and Decided That Herman Boehe
Was Guilty Of Manslsushter.
Madison, Neb., March 3.--From .
stan correspondent: I'VE md the
defendant, Herman Boche, guilty Of
manslaughter." The jury OF the Bo-
che murder trial returned verdict
shortly after o'clock this afternoon
finding Herman Boche guilty Of man
slaughter in the killing Of Frank Jar.
mer in front Of Norfolk resort last
May. The verdict carries a sentence
of from one to ten years in the state
penitentiary.
The jury was out sixteen hours.
Save when they went to a down town
restaurant for meals and when they
took short walk for exercise they
were locked in the jury room.
During the morning and early after
noon Judge Welch and the attorneys
waited in Madison for the result of the
agreement was the common predic-
ton.
About 2 o'clock the jury announced
that they had arrived at a verdict
The twelve men were again conducted
into the court room and their names
called by the clerk.
III. F. Helme, farmer living in the
southwest part of the county, and
counted as one of the strong men on
the jury, had been elected foreman Of
the jury. He handed the written ver-
dict signed with his name to Judge
WEIGH.
The verdict was read aloud by Dis
trict Clerk Fields. 1t was asked If it
was the jury's verdict and no juror
dissented.
Herman Boche heard the verdict
without apparently being affected
The usual motion for a new trial
will be made.
Judge Welch will return to Madison
on Monday, March 16. At that time
he will pass on the formal motion for
a new trial, always asked for and u.s.
ually denied. The defense has init
mated that it will appeal the case to
the supreme court for alleged error.
Judge WEIGH on the sixteenth will
pass on the appeal bond and any other
details that may arise.
Sentence will not be pronounced by
Judge WEIGH until the usual prelim-
mary motions have been made and
acted upon.
The jury has been discharged.
County Attorney Jack Koenigstein
said that he was we'll satisfied with
the verdict.
The court room was nearly empty
when word came that the Boche jury
had agreed. The people began to
flock to the court house.
Judge Welch and the attorneys will
take this evenings train back to Nor
folk.
A peculiar feature Of the Boche muir
der trial was that no witnesses were
called to testify that the defendant
was a man Of good character.
During the long trial the Ives kill
ing of nineteen years ago was not
limited at, nor did the trial Of eighteen
years ago when Boche was acquitted
of the charge OF numbering George
Ives get before the jury.
To have tried to give Herman Boche
the character of a peaceful citizen
would have invited some reference to
the AFFAIR of many years ago.
The Boche murder case went to the
jury little after 8 o'clock last even
ing. When Judge Jackson finished
his argument and analysis of the case
Judge Welch instructed the jury on
various technical points Of the law.
Under the instructions of the court the
jury could return a verdict OF second
degree murder carrying sentence OF
from ten years to life Imprisonment in
the penitentiary, verdict of man
slaughter carrying from one to ten
years in the penitentiary or a verdict
of acquittal.
The jury then retired to their jury
room and were locked In by them
selves. Herman Boche's fate was with
them.
Yesterday afternoon the jury heard
Jack Koenigstein, county attorney, and
Senator Allen, chief counsel for Her
man Boche. In the evening they lis
tened to Judge Jackson.
DETAILS OF THE TRIAL,
Testimony introduced, Arguments