The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-01-07

charged With the sensational murder OF
Captain Erb on the night Of October g.
1865, today walked from the Delaware
county court house free women
After the jury had been out nearly IS
hours it brought in verdict of not
guilty in the case Of each woman, both
of whom had been charged separately
and jointly with shooting the captain
Thus ends a trial that has held the in
terest of the people of the state for
more than week
Almost up to the moment when the
jury announced that II had agreed. the
prospect for a unanimous decision of
the u men was not bright During the
morning the jury fled into court and
asked for further Instructions on the
question or SelT-defenSe and while the
spectators were sill standing in the
court room discussing the instructions
given the jury. word came from the jury
room that the men had agreed
The defendants were sent for at once
but there was a minute delay before
they arrived During this heart brea k
ing interval. the defendants attorneys
were 50 nervous they could not remain
still Jumping from their seats, strid-
Ing up and down sitting down again
hands in pockets. hands elapsed behind
their backs. they were mora restless
than any jungle animal in the cage Of
a city zoo J. ROhrman Robinson, the
assistant district attorney, was also
very III at ease
Judge johnson took his sea just as
the JURY was GSGOELS1 GEiLO ne room.
There was absolute silence Then the
court clerk went through the usual pro
ceeding OF asking whether the Jury had
agreed and the foreman announced the
verdict of not guilty in each case.
Fell Into Each Others Arms.
With a half scream the sisters fell
into each others arms and women wept
as they looked at the pathetic scene
In an instant the women were sur
rounded by friends and their attorneys
vE-fe
Harry ReiseI threw his arms around
his wife and his sister-in-law Mrs Erb
and tears came to their eyes. This scene
lasted several minutes The jury was
not pOIled- and after Judge Johnson had
thanked them. Mrs Erb hurried from
her seat TO Juror Dickinson. the fore
man and Wrulg his hand Mrs. Befsei
did likewise and they went down the
eyes OF most of them and the thanks of
the women were sobbed out in broken
s-Iab,es-
II was fnAocent and knew I would
be acquitted said Mrs Erb after the
Jury had gone I was only fearful for
my sister 1 did not know what they
might do TO her for doing what she did
to save my life
Mrs BeiseI said
I thank God it is all over No. II
have not been confident OF acQuittaI for
you never know what II men will do.
I was sure of my sisters freedom. but
not of my own, though l knew was
innocent of any crime"
The case was given to the jury at
4-30 Yesterday afternoon The jurors
this morning looked as though they had
been up most OF the night when they
came in and asked for further instruc-
tions on the question of seIf-defense
one of them asked what Mrs. BeiseI
was justified in doing when Captain Erb
came at her Judge Johnson said:
1T is for the jury to say what was
the condition of her mind If It was
necessary for her to shoot to save her
life or herself from great bodily harm
or if she thought so. she had a right
TO shoot The law Is that a person must
escape If he can before shooting. It is
for you to decide whether Mrs BeiseI
had that opportunity"
Captain J. Clayton Erb was the con-
fdentiaI man of Israel w Durham. the
Republican leader of Philadelphia His
wife was a well known horSeWonan.
having ridden to hounds in many fox
hunting expeditions in the country sur
rounding Philadelphia The Erbs had a
town house and country estate called
Red Cables in Delaware county near
PHILADELPHIA The Erbs frequently
uuarreIed and in these family jars Mrs.
BeiseI, who worked in book bindery