Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-11-26
LANPHERE JURY
NOT YET AGREED
No Verdict in Guinness Murder
Case Returned Up to =
Late Hour
7Y OUT ALL MIC
NIGHT
Judge Instructs That One Of Six Ver.
diets May Be Returned AcquittaI
Would Not Bring Freedom to Lamp
here, as Another Indictment Still
Ponds.

LaPorte, Ind, Nov 26-Tho out all
night and having spent several hours
of this morning in deliberations, the
jury in the Guinness murder case has
been unable td reach an agreement.
Conflicting reports are heard outside
the jury room. but authentic informa-
ton is not obtainable.
Six verdicts Are Possible.
The jury retired at 5:25 p. m. fol-
lowing the closing addresses of the at
torneys and the delivery Of the instruc-
tions of Judge Richter. The judge in
structed the jurors that they might un-
der the law bring in any one of the
following verdicts:
Guilty Of murder in the first degree
death.
life sentence.
Guilty of murder in the second de-
gree-life sentence.
Guilty of manslaughter-two to
twenty-one years.
Guilty of arson-two to twenty one
years.
Not guilty.
In any case Lamphere must remain
in Jail after the verdict, because he
has not been tried on separate in-
dictment charging him with being ac-
cessory to the murder of Andrew X.
Helgelein.
In his instructions Judge Richter
defined reasonable doubt after the ap-
proved authorities, and at length, de-
claring that if the jurors should be left
with any feeling failing that OF moral
certainty, they. should acquit Lamphere.
Closing Arguments Made.
Yesterday was consumed in argu-
ments Attorney Sutherland, who op-
ened for the state, reviewed the evil
dence fully and was followed by At
torney Weir for the defense Attorney
Worden, who has been Lamphere's at
torney from the day following his ar
rest last May, made a strong plea for
his client, while States Attorney
Smith, who made the closing argument,
became extremely dramatic at times.
His arraignment of Lamphere was
1IlOot SCN SAS.
Attorney Worden declared that the
jury could do but one Of two things
find the defendant guilty of murder
in the first degree or acquit. He de-
clared every bit of evidence to be cir
cumstantial, and said that the state
had in reality made its case against
Mrs. Guinness.
81 firmly believe that she Is alive,
exclaimed Mr Norden. He dwelt upon
the incidents of the day before the
fire, and declared that they showed
Mrs. Guinness was prepared to flee. He
said he was confident Joseph Maxson,
the hired man who escaped from the
burning house. knew more than he
told.
Attacks Teeth Theory.
"I believe he had his clothes on all
night" said the attorney. He contended
that the Identification of the bodies
was not complete and that the teeth
never went thru the fire, from the
manner in which they were found and
the condition in which they now are. .
He intimated that the head found in
the vault was that of the adult female
body found in the ruins Of the fire. He
affirmed his belief in the testimony of
D. H. Hutson and his two daughters,
who said they saw Mrs. Guinness on
the 9th of July, even tho she wore two
wells.
He discredited the testimony OF
John Rye, who told of Lamphere's re-
turn to the Guinness place on the night
of the Helgelein murder, and he chal-
lenged the testimony Of Deputy Sher-
iffs Anstiss and Mari, who testified to
Lamphere's confession to them follow
ing his arrest. Attorney Worden ex-
planned away all these damaging
statements. of his client
States Attorney Smith, in closing,
declared that the defense argued one
minute that Mrs. Guinness was alive
and the next that she was dead. :
He reviewed fully the evidence OF the
teeth, and DR.. Horizons testimony. He
also picked to pieces the testimony Of
Hutson and his daughters. He sketched
the disappearance of Helgelein and
connected Lamphere Herewith.
WIRELESS FROM JAPAN.